executive branch
187 Articles

The International Law Obligation of States to Stop Intelligence Support for U.S. Boat Strikes
The only way States can avoid complicity in “arbitrary killings” under international human rights law is to refrain from sharing intelligence that, in part, enables them.

U.S. Saber Rattling and Venezuela: Lawful Show of Force or Unlawful Threat of Force?
Clearly, U.S. actions are threatening to Venezuela. But do they amount to an unlawful threat under international law, or are they merely a lawful show of force?

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.

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.