executive branch
113 Articles

Rethinking IEEPA Accountability and Oversight
Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.

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.

Murder by Drone: The Legal and Moral Stakes of the Caribbean Strikes
If allowed to go unchecked, the Caribbean strikes could encourage additional unlawful executions by the United States and other leaders.

Collection: U.S. Lethal Strikes on Suspected Drug Traffickers
Collection of expert analysis on the legality of the U.S. strike on Venezuelan vessels in the Caribbean, the consequences of the strike, and related issues.

Asserting a License to Kill: Why the Caribbean Strike is a Dangerous Departure from the “War on Terror”
An absence of credible legal basis for the Caribbean strike suggests the Trump admin is asserting a prerogative to kill outside the law.

The Many Ways in Which the September 2 Caribbean Strike was Unlawful … and the Grave Line the Military Has Crossed
A deep dive into US domestic authority and law most relevant to the US strike on alleged Venezuelan drug boat.

The Just Security Podcast: Murder on the High Seas? What You Need to Know about the U.S. Strike on the Caribbean Vessel
Rebecca Ingber and Brian Finucane join Tess Bridgeman to unpack what you need to know about the U.S. strike on a purported drug trafficking vessel in the Caribbean.

Using Labels, Not Law, to Justify Lethal Force: Inside the Venezuelan Boat Strike
Applying a new label to an old problem does not transform the problem. Nor does it grant the U.S. president or the U.S. military expanded legal authority to kill civilians.

Legal Issues Raised by a Lethal U.S. Military Attack in the Caribbean
The Trump administration’s extraordinary lethal attack on a purported drug smuggling vessel – and its vow that it is the start of a campaign – raise significant legal issues.

The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705
For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.

Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.

Three Thorny Issues to Watch in Congressional Investigations
Amidst an escalation of interbranch tension, the authors explore three emerging legal issues affecting the law of congressional oversight and separation of powers.