Executive Power
93 Articles

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.

The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA
There are gaps in FISA's coverage that collect American communications outside of any statutory framework and beyond the reach of courts.

Crossing Back Over: Time to Reform Legal Culture and Legal Practice of the “War on Terror”
As the conflict has grown and changed, responsibility for these changes has too often been thrust on the shoulders of executive lawyers.

Is Climate Change a National Emergency?
Declaring a national climate emergency would convey a powerful signal from the White House about the urgency of the climate crisis —while also activating several legal authorities…

Biden Executive Actions Make Unity Possible for Millions of Marginalized Americans
In reminding us of America's aspirational values – ones a majority of the country supports – these directives are a first step toward healing.

US Human Rights Policy: How to Really Build Back Better
The Biden administration must create a system in which human rights and democracy policymaking is embedded and integrated in its decision-making machinery.

Supreme Court Preview: Collins v. Mnuchin and the Expanding ‘Unitary Executive’ Theory
The consequences for the federal government of an expanded unitary executive theory would be significant: high turnover, low competence, and less expertise, all of which serve…

Climate Change, National Security, & the New Commander-in-Chief
What are the president’s authorities as commander-in-chief to “combat” the national security threats posed by the climate crisis?

A Post-Election Trump Firing Makes the Case for an Independent, Regulatory CISA
Incoming President Biden and Congress should seize the moment of the agency’s high profile to strengthen its role in protecting critical US infrastructure.