Executive Branch
Just Security’s expert authors provide analysis of the U.S. executive branch related to national security, rights, and the rule of law. Analysis and informational resources focus on the executive branch’s powers and their limits, and the actions of the president, administrative agencies, and federal officials.
Highlights:
Litigation Tracker: Legal Challenges to Trump Administration Actions
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.
Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties
Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.
The U.S. Attack on Iran Was Unconstitutional
Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.
After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.
The Trump Administration’s Use of State Power Against Media: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This graphic offers one method.
4,525 Articles
Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions
Collection: Iran-Israel/United States Conflict
Experts analyze critical dimensions of Israel’s strikes relevant responses, covering nuclear diplomacy; strategic, security, and regional implications; and international law.
What Counts as a Win?: Battle Damage Assessments and Public Messaging
The White House's future BDA briefings on the Iran strikes will likely project certainty where analysis still urges caution.
Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
The Trump Administration’s Flawed War Powers Report on Iran and the Need for a Congressional Rebuttal
The White House’s legal justifications for attacking Iran are unconvincing and raise concerns about unauthorized use of force. Congress should push back.
American Businesses Still Face International Human Rights Obligations, Even as Oversight Diminishes at Home
Even amid domestic retrenchment of business regulation and oversight, corporations must adhere to internationally recognized human rights responsibilities.
Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump
"Congress has been far more clear than is widely believed about what its view is..."
Dismantling CDC’s Global Work is Dismantling Our First Line of Biodefense
As the Trump administration plans to weaken the CDC, Americans and the world will become more vulnerable to biological threats.
Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law
Experts who advised a president on use of force answer a full range of basic questions on the conditions under which action against Iran would be lawful, and what options Congress…
The Legal Defects in the Trump Administration’s Attempts to Deregulate Without Notice and Comment
The Trump administration's efforts to circumvent the APA's notice-and-comment requirements risk setting a damaging precedent.
Hidden in the U.S. Army’s New Reform Initiative Is a Warning for Europe
Europe must accept that continued dependence on the United States is not viable and build a fully self-sufficient European defense.
The “Unwilling or Unable” Test for Sending U.S. Military to Los Angeles
"The state of California, however, has not yet raised this point in the ongoing litigation. That is a missed opportunity ...."