Separation of powers

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U.S. Secretary of Defense Pete Hegseth listens as Chairman of the Joint Chiefs of Staff Gen. Dan Caine testifies before the Senate Armed Services Committee in the Dirksen Senate Office Building on June 18, 2025 in Washington, DC.

At the 60-Day Mark, the Iran War is Triply Illegal

Under the War Powers Resolution, Trump must now terminate the hostilities against Iran he began two months ago. He seems set against doing so.
Empty witness table with microphones and nameplate sits in a large hearing room in the Congressional Auditorium at the U.S. Capitol Visitors Center.

The Anti-Stonewalling Playbook: How Congress Can Plan Now to Counter Executive Branch Obstruction Next Term

Former Justice Department official provides steps Congress can take to prepare an oversight agenda now for the next congressional term.
Denmark's Veterans hold Denmark and Greenland's flags.

Greenland Post-Davos: Enforcing 22 USC 1928f to Save NATO and Contain Trump’s Lawless Foreign Policy

In his threats against Greenland, President Trump has violated the U.N. Charter, the North Atlantic Treaty, and Section 1928f, prompting Congress to take swift action.

Congress, the President, and the Use of Military Force in Venezuela

Did the president have the authority under U.S. law to undertake Operation Absolute Resolve without congressional authorization? Leading experts say he did not.
US Marines' Lockheed Martin F35-B jets approach in formation

Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes

The administration's legal argument is both "incorrect and dangerous," writes Finucane.
US Capitol building at sunset with moon

Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday

Expert backgrounder on how War Powers Resolution works in application to U.S. military operations against suspected drug cartels.
The frame of the photo is filled with a tightly packed crowd of judges in black robes and purple, blue, or fuscia neck ruffles, alongside members of the public. Polish, EU and other flags can be seen above them in the background, apparently carried by marchers.

Attacks on U.S. Legal Profession Reflect Global Slide in Countries It Once Aided

Political pressures like those used to silence legal professionals and undermine rule of law in Europe and Eurasia echo patterns of the autocratic playbook.
The US Navy warship USS Sampson (DDG 102) docks at the Amador International Cruise Terminal in Panama City

Legal Flaws in the Trump Administration’s Notice to Congress on “Armed Conflict” with Drug Cartels

The Trump administration’s “armed conflict” justification, however, is groundless.
A view of the front portico of the United States Supreme Court building in Washington, DC

Trump’s Use of Consent Decrees to Dismantle Policy

The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.
A scale in front of shipping containers

Rethinking IEEPA Accountability and Oversight

Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.
The US Navy warship USS Sampson (DDG 102) docks at the Amador International Cruise Terminal in Panama City

The Many Ways in Which the September 2 Caribbean Strike was Unlawful … and the Grave Line the Military Has Crossed

A deep dive into US domestic authority and law most relevant to the US strike on alleged Venezuelan drug boat.
People listen to Everett Kelley, President of the American Federation of Government Employees (AFGE) Union, during a "Save the Civil Service" rally

Too Big to Be Lawful: A Federal Court Halts Mass Layoffs Across the Civil Service

A recent court decision has made clear that reorganizing the federal government can't proceed through backdoor executive planning.
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