Executive Power
89 Articles
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.
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.
The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless “Foreign Intelligence” Queries
A cramped approach to protecting Americans’ privacy would be a mistake, both as a legal matter and a practical one.
The Just Security Podcast: FISA Section 702 Reauthorization
To understand how the U.S. government thinks about Section 702 reauthorization, Tess Bridgeman sat down with Chris Fonzone and Josh Geltzer.