executive branch
118 Articles

Lifting Russia Sanctions – What Can a President Do Unilaterally?
Congress has imposed significant constraints on the president's ability to unilaterally lift sanctions imposed on Russia for its aggression in Ukraine in increasingly specific…

America’s Overlooked National Security Threat
The United States' deepest constitutional and national security challenge involves not personalities, but structure.

Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt
With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…

A Presidential Proclamation to End the Iraq War: Unilateral Executive Action to Defang a Zombie AUMF
President Biden should proclaim the conflict authorized by the 2002 resolution to be over and determine that it is no longer “necessary and appropriate” to use force for the…

The Double Black Box: AI Inside the National Security Ecosystem
The use of AI to advance U.S. national security will complicate the application of constitutional checks and balances.

Collecting Just Security’s Analysis of the Supreme Court’s Term
A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…

How ‘Economic Security’ is Re-shaping Presidential Power
Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.

Trump’s Immigration Agenda: A Closer Look
Existing law, the fate of Trump’s immigration policies from 2017-2020, and the campaign’s public statements to date all offer fertile ground for understanding the potential…

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.

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.

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.