executive branch
125 Articles

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.

Immigration Is Not an “Invasion” under the Constitution
The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.

Poland: Why Rule of Law Matters as the Country Faces a Pivotal Election
Poland must return to a full respect for the rule of law to strengthen its own security and that of the European Union.

National Security Law and the Originalist Myth
Any genuine project of national security reform requires more than reviving a fictive eighteenth century of checks and balances. It instead entails treating foreign interventionism…

Analyzing Previously Undisclosed Use of Force Reports: Challenges of Congressional Oversight of the War on Terror
The executive branch, through noncompliance and defiance, has delayed providing Congress with sufficient information on the war on terror.

The Government’s Section 702 Playbook Doesn’t Work Anymore
Imposing robust safeguards for searches of Americans' communications in the FISA Section 702 program should be an easy path to preserving the program's intelligence value when…