executive branch
134 Articles

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…

How Military Leaders Can Navigate a Crisis of Democracy: Lessons from the Reservist Protests in Israel
Leaders must communicate carefully with the public and subordinates, and minimize damage to the military, without adding to societal tension.

The House Tackles Zombie War Authorizations: Possibilities and Perils
Congress is trying to reassert itself after more than two decades of acquiescence to executive branch overreach on matters of war and peace.

DeSantis Campaign’s Border Proposal Raises Separation of Powers Concerns
Florida governor and U.S. presidential candidate Ron DeSantis has proposed action that would flout constitutional and statutory limits.