executive branch
134 Articles
Presidential Power to Exit Treaties: Reflecting on the Mirror Principle
On balance, a mirroring concept serves better as part of an aspiration for greater inter-branch cooperation in making and unmaking international agreements, rather than as a legally-enforceable…
Frictionless Government and the National Security Constitution
Layering different kinds of friction is crucial. Checks that may restrain a unilateralist Executive, such as empowering Congress structurally to push back effectively, can still…
Confronting the War on International Law in the United States
Widespread ignorance and even fear of international law only cede the territory to those willing to wield it. For the interests of the United States, it is essential that Congress,…
Symposium on Harold Hongju Koh’s ‘The National Security Constitution in the 21st Century’
Just Security is pleased to hold a symposium of leading experts engaging with Professor Harold Hongju Koh's recently-released The National Security Constitution in the 21st Century.
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.