Presidential Powers
71 Articles
Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law
Experts who advised a president on use of force answer a full range of basic questions on the conditions under which action against Iran would be lawful, and what options Congress…
Judicial Deference and Presidential Power Under the Alien Enemies Act
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.
What Just Happened: The Trump Administration’s Latest Moves on Tariffs
Here's how this week’s tariff announcement will test the strength of both international and U.S. domestic trade rules.
No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case
I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.
The Just Security Podcast: ‘The National Security Constitution in the 21st Century’ Book Talk
Harold Hongju Koh joins the podcast to discuss his most recent book, 'The National Security Constitution in the 21st Century'
Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us
Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.
National Security Resilience and Reform: Trump 2.0 and Beyond
Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.
Congress Must Heed Koh’s Call to Surface Secret Law
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,…
Withdrawal from International Agreements: Toward a “Tailored Out”
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…
Presidential Power to Exit Treaties: Reflecting on the Mirror Principle
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…
Confronting the War on International Law in the United States
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,…
Symposium on Harold Hongju Koh’s ‘The National Security Constitution in the 21st Century’
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.