Executive Power
93 Articles
Federal Employee Rights: What Probationary Employees Need to Know
With so much uncertainty facing federal employees, many on probation want to know what their rights are—especially when it comes to actions against their employment like removing…
Beware the “Deferred Resignation” Offer: A Legally Dubious Proposal for Federal Employees
The deferred resignation proposal sent to federal workers is fraught with practical and legal issues that present uncertainty for employees.
‘Elections Have Consequences’: Trump and Rubio’s Foreign Aid Halt Will Hit the World’s Most Vulnerable
Reviews of programs in new administrations don't require such damaging, destructive, and likely unconstitutional freezes.
The Legal Problem with Trump’s WHO Order: The US Cannot Withdraw Until It Pays Its Dues
US and international law haven't changed since the last time Trump tried mandating withdrawal and nonpayment during his first term.
The Just Security Podcast: What Just Happened Series, Trump’s Immigration Executive Orders
This "What Just Happened?" episode focuses on President Trump’s Executive Orders and other policies regarding immigration and the border.
National Security Resilience and Reform: Trump 2.0 and Beyond
Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.
Congress Must Heed Koh’s Call to Surface Secret Law
Ensuring that any secret law-making in the executive branch gets disinfecting sunlight is uniquely important because of its potential to give legal cover for overbroad, unaccountable,…
Withdrawal from International Agreements: Toward a “Tailored Out”
The practical and political stakes of this admittedly esoteric question of constitutional law are high, implicating as it does the effectiveness of the United States’ engagement…
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.