Executive Power
111 Articles

Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"

American Businesses Still Face International Human Rights Obligations, Even as Oversight Diminishes at Home
Even amid domestic retrenchment of business regulation and oversight, corporations must adhere to internationally recognized human rights responsibilities.

Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump
"Congress has been far more clear than is widely believed about what its view is..."

The Legal Defects in the Trump Administration’s Attempts to Deregulate Without Notice and Comment
The Trump administration's efforts to circumvent the APA's notice-and-comment requirements risk setting a damaging precedent.

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 ...."

Relocating Nationwide Injunctions
Consolidating cases allows a clear, expedited path to Supreme Court review, helping quickly address matters involving executive orders.

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.

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.

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.

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…

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.