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Executive Power

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93 Articles
White House with red flowers in the foreground

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…
White House with red flowers in the foreground

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 episode title is shown with sound waves behind it

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.
Futuristic map

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.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

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.
People walk down a flooded street as they evacuate their homes after the area was inundated with flooding from Hurricane Harvey on August 28, 2017 in Houston, Texas. A number of people use rowboats and small motorized boats as well. The flooding appears to be up to people’s waists in some areas of the street and to their knees in the more shallow areas.

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…
U.S. President Joe Biden, wearing a face mask, prepares to sign a series of executive orders at the Resolute Desk in the Oval Office just hours after his inauguration on January 20, 2021 in Washington, DC.

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.
Pro-democracy protesters hold up a sign showing a meme of U.S. President Elect Joe Biden and "No 112" on them during a rally at the Nonthaburi Police Station on December 08, 2020 in Bangkok, Thailand.

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 Building

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…
A military police officer walks near a destroyed gate in Tyndall Air Force Base, in Florida in the aftermath of Hurricane Michael on October 12, 2018. Rubble from the gate covers the floor. The two guard booths on either side of the former gate appear damaged, but are still standing.

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?
Director of CISA Christopher Krebs speaks to press.

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.
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