Presidential Powers

Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.

Here's how this week’s tariff announcement will test the strength of both international and U.S. domestic trade rules.

I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.

Harold Hongju Koh joins the podcast to discuss his most recent book, 'The National Security Constitution in the 21st Century'

Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.

Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.

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…

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,…

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.

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…