executive branch
138 Articles

A SCOTUS Bench Memo for the Trump Tariff Case: Separation of Powers, Delegation, Emergencies, and Pretext
By enacting IEEPA, did Congress authorize the president to impose tariffs? If so does, is that delegation of authority lawful?

The Use of Tariffs to Raise Revenue is a Choice for Congress, not the President
Congress did not write IEEPA to allow a President to replace the income tax system with a patchwork of tariffs that they can impose, adjust, or suspend at will.

Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes
The administration's legal argument is both "incorrect and dangerous," writes Finucane.

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.

Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday
Expert backgrounder on how War Powers Resolution works in application to U.S. military operations against suspected drug cartels.

The $550 Billion Shadow Budget: Trump’s Japan Deal and the Disappearing Appropriations Clause
The deal circumvents the Appropriations Clause and congressional safeguards designed to enforce it, creating a system answerable only to the White House.

Irreconcilable Presidential Determinations: On Tren de Aragua and the Venezuelan Government
The two determinations are mutually exclusive; it is legally impossible to maintain both simultaneously.

The Caribbean Strikes and the Collapse of Legal Oversight in U.S. Military Operations
Congress and the public must do more to address the dangerous pressures imposed on servicemembers and defend the guardrails that protect both U.S. forces and democracy.

The Just Security Podcast: Murder on the High Seas Part III
Tess Bridgeman is joined by Rebecca Ingber and Brian Finucane to assess the latest strikes, the brief detention of two survivors, where the campaign may be headed, and what…

Export Controls and U.S. Trade Policy: Making Sense of the New Terrain
The Trump administration's use of export controls as leverage in trade diplomacy creates risks for key U.S. national security interests.

When Deference is No Longer Due
Reasons for historical deference to the executive branch's judgement in matters of national security and foreign affairs have been severely undermined.

The Crisis in Uniform: The Danger of Presidential Immunity for the U.S. Military
Military personnel are increasingly alert to the prospect that they may be asked to prioritize loyalty to an individual over their legal rights and responsibilities.