Presidential Powers
81 Articles

Dis-Barr the Justice Department
“I testified at Barr's Senate confirmation hearing. I urged the Senate to reject the nomination. … I am not saying here that I told you so. Rather, my warning was insufficiently…

White House ‘1264 Notice’ and Novel Legal Claims for Military Action Against Iran
"The administration’s positions amount to a fundamental revision of existing legal foundations for military action against Iran that can be undertaken by this and future presidents."

The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database

A National Security Impeachment
"What this standoff also reveals is a deeper threat to our constitutional system, and a pathway forward for legislators to guard against abuses by this and future presidents."

The Limited War Powers Precedent of the Korean “Police Action”
In a recent piece in the Washington Post, Professor Mary Dudziak drew attention to the Executive Branch’s continued reliance upon President Truman’s police action on the Korean…

So This Is What Congress’ Getting Involved in Foreign Affairs Looks Like
Analysts and scholars have long wondered what it would look like if Congress reasserted itself in foreign affairs. It’s a role that Just Security Founding Editor (and my former…

New Year Thoughts on the Role of Chief of Staff and Trump White House Dysfunction
The White House chief of staff position is again in transition. It is the top staff job in government — a momentous position that merits a broad look at its roles and responsibilities.…

A First Take on Bill Barr’s Memo on Presidential Authority and the Mueller Investigation
"It’s not hard to summarize Barr’s views because they're so shockingly categorical and so extreme."

The Senate Strikes Back: Checking Trump’s Foreign Policy
Though the Senate vote on cessation of military assistance for the Saudi War in Yemen will have no practical effect – the House of Representatives will not take up the matter…

Can Congress Subpoena Trump to Testify?
Now that the Democrats have won control of the House of Representatives, there will be a flood of congressional investigations of waste, fraud, and abuse within the Trump administration,…

Rear Admiral Hutson: Why Senators Should Vote No on Kavanaugh
Why the U.S. military and national security are poorly served by Kavanaugh's support for extreme Presidential Powers.

Rudy’s Red Herring: Mueller’s Final Report and Executive Privilege
"It’s time to focus on where the real threat to Mueller’s report reaching the public may arise. The assertion of executive privilege is not it."