Executive Power

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Mounted police officers during the No Kings Day protests on June 14, 2025 in Los Angeles, California. Marches and protests are taking place across the nation in opposition to Trump and recent ICE raids targeting immigrants. (Photo by Cristopher Rogel Blanquet/Getty Images)

The “Unwilling or Unable” Test for Sending U.S. Military to American Streets

"The state of California, however, has not yet raised this point in the ongoing litigation. That is a missed opportunity ...."
The Supreme Court building is shown with a blue sky behind it.

Relocating Nationwide Injunctions

Consolidating cases allows a clear, expedited path to Supreme Court review, helping quickly address matters involving executive orders.
Secretary Noem posts an Instagram reel on April 8, 2025 with the text message: "Human traffickers. Drug Smugglers. 18th Street Gang members. Spent the morning in Phoenix with our brave @icegov and Arizona law enforcement arresting these dirtbags and getting them off of our streets."

What are “Wartime Authorities” and When Can the President Use Them? An Expert Q&A

It is essential to understand the line between war and peace, scrutinize the application of wartime powers, and interrogate the president’s assertions when he triggers them.

The Just Security Podcast: Keeping Track of the Big Picture–Challenges to Press Freedom and Beyond

A discussion with Rebecca Hamilton about the use of State power and how to identify linkages between individual developments and broader trends in press freedom and beyond.
Drafting the Declaration of Independence in Antique Illustration (Getty Images)

No, the President Cannot Issue Bills of Attainder

Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.
U.S. Rep. Kat Cammack (R-FL) speaks on the REINS Act on the left of the screen. Poster with REINS Act on the right of the screen.

Why the REINS Act’s Approach to Regulatory Reform Is So Problematic

The REINS Act would hamper agencies’ ability to carry out their statutory duties and protect the public.
A person wearing a Panamanian flag steps on a U.S. flag.

Upending the International Order: Why Undermining the UN Charter and US Defense Commitments is Self-Defeating

The President should understand that bellicose threats and unreliability as an ally may leave the United States poorer and more vulnerable on his watch and will frustrate his nuclear…
Image of the "Democracy Then and Now" Podcast episode

The Just Security Podcast: The Department of Justice Then and Now (NYU Law Forum)

Former White House and DOJ officials assess how he division between the President and the Justice Department has changed.
The episode title appears with sound waves behind it.

The Just Security Podcast: What Just Happened Series, CIA Officers’ Lawsuit at Intersection of DEI and National Security

A small number of intelligence officers who were fired because one of their duties involved DEI efforts at CIA have sued to keep their jobs.
Top secret document file folder

The President’s Declassification Power is a Double-Edged Sword

Presidents willing to disregard established declassification norms and safeguards expose a dangerous vulnerability in the governing structure.
Russell Vought sits at his Senate Confirmation Hearing

The Trump Administration Cannot Use Award Terms and Conditions to Impound Funds

The Impoundment Control Act may prohibit agencies from freezing or terminating funding based on changing policy priorities.
The episode title appears with sound waves behind it.

The Just Security Podcast: What Just Happened Series, Understanding Federal Employee Rights

Labor and employment expert Suzanne Summerlin discusses the protections available to federal employees if their rights are violated.
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