Executive Power

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,…

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…

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…

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…

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,…

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…

The United States' deepest constitutional and national security challenge involves not personalities, but structure.

A cramped approach to protecting Americans’ privacy would be a mistake, both as a legal matter and a practical one.

To understand how the U.S. government thinks about Section 702 reauthorization, Tess Bridgeman sat down with Chris Fonzone and Josh Geltzer.

There are gaps in FISA's coverage that collect American communications outside of any statutory framework and beyond the reach of courts.

As the conflict has grown and changed, responsibility for these changes has too often been thrust on the shoulders of executive lawyers.

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…