executive branch

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169 Articles
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Government Use of AI is Expanding: We Should Hope for the Best but Safeguard Against the Worst

Robust governance over the use of AI in the public sector requires centralized, specialized oversight of decision-making.
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Transparency of International Agreements Under the Revised Case-Zablocki Act: An Assessment After Six Months

Despite the substantial improvements in the transparency regime for executive agreements and non-binding instruments, additional changes should be considered.
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Is the Biden Administration Reaching a New Consensus on What Constitutes Private Information?

There is growing recognition that the way intelligence agencies use commercially available information is in need of reform.
White trucks drive along a dusty road in Mexico.

Immigration Is Not an “Invasion” under the Constitution

The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.
Demostrators wave the EU and Polish flags at a protest

Poland: Why Rule of Law Matters as the Country Faces a Pivotal Election

Poland must return to a full respect for the rule of law to strengthen its own security and that of the European Union.
Statue of George Washington

National Security Law and the Originalist Myth

Any genuine project of national security reform requires more than reviving a fictive eighteenth century of checks and balances. It instead entails treating foreign interventionism…
The U.S. Capitol in Washington, D.C.

Analyzing Previously Undisclosed Use of Force Reports: Challenges of Congressional Oversight of the War on Terror

The executive branch, through noncompliance and defiance, has delayed providing Congress with sufficient information on the war on terror.
Abstract image of human eye with retinal circuit on a black background.

The Government’s Section 702 Playbook Doesn’t Work Anymore

Imposing robust safeguards for searches of Americans' communications in the FISA Section 702 program should be an easy path to preserving the program's intelligence value when…
Military officers at an honor guard ceremony

How Military Leaders Can Navigate a Crisis of Democracy: Lessons from the Reservist Protests in Israel

Leaders must communicate carefully with the public and subordinates, and minimize damage to the military, without adding to societal tension.
Capitol Building

The House Tackles Zombie War Authorizations: Possibilities and Perils

Congress is trying to reassert itself after more than two decades of acquiescence to executive branch overreach on matters of war and peace.
An aerial image shows migrants waiting along the border wall to surrender to Border Patrol agents for immigration and asylum claim processing

DeSantis Campaign’s Border Proposal Raises Separation of Powers Concerns

Florida governor and U.S. presidential candidate Ron DeSantis has proposed action that would flout constitutional and statutory limits.
Side view of the US Capitol Building, with a cloudy blue sky in the background

Recovering a Role for the Courts in Decisions to Wage War: How Congress Can Overcome the Political Question Doctrine (Some of the Time)

Congress should consider when and how the laws it enacts will be enforced and take steps to empower members of Congress to effectively challenge illegal wars in court.
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