executive branch
118 Articles

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.

The AI Action Plan and Federalism: A Constitutional Analysis
If the U.S. AI Action Plan's approach survives constitutional scrutiny, it will erode vital and enduring checks on presidential authority.

Assessing the Trump Administration’s AI Action Plan
Unpacking the Trump administration's AI Action Plan — what’s new, what’s not, and what’s next.

On the Role of State Department Career Attorneys
Ascribing indifference or, at worst, malevolent motives to career attorneys who are unable to refute such claims as they are bound by privilege is truly disappointing.

Decoding Trump’s AI Playbook: The AI Action Plan and What Comes Next
Joshua Geltzer, Jenny Marron, and Sam Winter-Levy join Brianna Rosen on the Just Security podcast to discuss the Trump administration's AI Action Plan.

Congress Shrinking from the World: the Constitution’s Article I in the Shadow of Trump 2.0
Congress has revealed itself less as a coequal branch and more as an accomplice in the marginalization of its own constitutional role in foreign and national security policy.

Understanding DHS’s and ICE’s New Powers in Comparative Perspective
Highlights of podcast discussion by experts on DHS, DOJ and Congress.