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White House with red flowers in the foreground

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…
White House with red flowers in the foreground

America’s Overlooked National Security Threat

The United States' deepest constitutional and national security challenge involves not personalities, but structure.
The U.S. Capitol in Washington, D.C.

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…
WASHINGTON, DC - AUGUST 01: U.S. President Joe Biden speaks from the Blue Room balcony of the White House on August 1, 2022 in Washington, DC. Biden announced that over the weekend, U.S. forces launched an airstrike in Afghanistan that killed al-Qaeda leader Ayman Al-Zawahiri. Zawahiri, 71, took over leadership of al-Qaeda in 2011, shortly after American forces killed Osama bin Laden. The president said there were no civilian casualties. (Photo by Jim Watson-Pool/Getty Images)

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…
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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.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

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.
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

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.
A line of people wait outside a border fence, joined by a white Mexican police car.

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…
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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.
US Department of State building with sign in front

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.
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