Presidential Powers

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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,…
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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.
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…
A collage of Senate Judiciary Committee Chairman Dick Durbin (L) and Ranking Member Lindsey Graham (R) speaking during a hearing on on the recent Supreme court decision in Trump v. United States on September 25, 2024.

A Confusing Rule for the Ages: A Review of the Senate Judiciary Committee Hearing on Presidential Immunity

The Senate Judiciary Committee's presidential immunity hearing showed fault lines in reactions to the Trump v. United States decision.
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.
WASHINGTON, DC - AUGUST 01: U.S. President Joe Biden speaks from the Blue Room balcony of the White House on August 1, 2022 in Washington, DC. Biden announced that over the weekend, U.S. forces launched an airstrike in Afghanistan that killed al-Qaeda leader Ayman Al-Zawahiri. Zawahiri, 71, took over leadership of al-Qaeda in 2011, shortly after American forces killed Osama bin Laden. The president said there were no civilian casualties. (Photo by Jim Watson-Pool/Getty Images)

A Presidential Proclamation to End the Iraq War: Unilateral Executive Action to Defang a Zombie AUMF

President Biden should proclaim the conflict authorized by the 2002 resolution to be over and determine that it is no longer “necessary and appropriate” to use force for the…

A Prudential Way Forward in Trump v. United States

"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity

Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…
The US Supreme Court is seen in Washington, D.C. The sky is sunny and blue, and bushes and trees stand outside the building.

What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios

Mapping different outcomes for the Court's decision on Trump's presidential immunity and the follow-on procedural pathways emerging from those scenarios.
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Congress Can Curb Abuse of the Presidential Pardon Power

Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.
A line of US soldiers walk in the countryside of the town of al-Malikiya in Syria.

Tit-for-Tat Hostilities In Syria: War Powers and International Law Implications

The Biden administration's latest war powers report to Congress and letter to the UN Security Council raise questions about the domestic and international legal basis for hostilities…

2022 Update: Good Governance Paper No. 18: Reforming Emergency Powers

At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
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