Separation of powers

× Clear Filters
55 Articles
The front of the White House is seen through a fence.

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.
Military officers at an honor guard ceremony

How Military Leaders Can Navigate a Crisis of Democracy: Lessons from the Reservist Protests in Israel

Leaders must communicate carefully with the public and subordinates, and minimize damage to the military, without adding to societal tension.
President Biden and Saudi Crown Prince Salman stand next to each other.

A Long-Forgotten Law Could Force the U.S. to Re-Evaluate its Relationship with Saudi Arabia

Section 502B(c) is a potent tool to accelerate congressional oversight of support to countries with concerning human rights records. 

Fighting Tunisia’s Rampant Corruption with Autocracy – Kais Saied’s Chimera

Three years since taking office as president, the pledges that legitimized his ascent have fallen far short as he moves to monopolize power.
A local law enforcement official on a bike drives past the entrance to Mar-A Lago. Palm trees surround the area.

Myths & Misunderstandings Relating to Mar-a-Lago Documents Investigation

Five myths broken down by J. William Leonard who, in government service, was responsible for the oversight of classified information for the entire executive branch.

2022 Update: Good Governance Paper No. 20: Repairing and Strengthening Norms of Nuclear Restraint

At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
The outside relief at the National Archives in Washington DC.

Modern History of Disclosure of Presidential Records: On the Boundaries of “Executive Privilege”

A detailed account of instances of past administrations' disclosing presidential records, including those of former presidents, to Congress.
An aerial view of the Mall in Washington DC. The US Capitol Building is seen at the end of the mall and the image shows the buildings surrounding the Mall as well. Many trees have bare branches as the date of the photo is November 21, 2008.

The Broader Significance of the Justice Dep’t Opinion on Congress Obtaining Trump Tax Records

Unpacking the Office of Legal Counsel's opinion, how it lines up with past administrations, what it means for future congressional oversight.
White House Counsel Don McGahn stands behind Trump during a cabinet meeting in the Cabinet Room at the White House October 17, 2018 in Washington, DC.

Unpacking Biden Administration vs. Congressional Tension in the McGahn Case

Awkward transitions to “unified government” and what it portends.
Just Security

A Roadmap for Reform: How the Biden Administration Can Revitalize the Office of Legal Counsel

As President-Elect Joe Biden announces his picks for cabinet positions, the Nation’s focus has increasingly turned to the challenges facing the incoming administration. One such…
A cocoa producer of the Yakasse-Attobrou Agricultural Cooperative (Cooperative Agricole de Yakasse-Attobrou - CAYAT) poses with a cocoa pod in each hand in front of a pannel reading "CAYAT says no to child labour" at a certified fair trade label cocoa plantation in Adzope on Agust 28, 2018.

Nestlé & Cargill v. Doe Series: In Oral Arguments, Justices Weigh Liability for Chocolate Companies

U.S. corporations, including Nestle and Cargill, may face massive liability under the Alien Tort Statute for aiding and abetting slavery abroad. But does the ATS support such liability?…
Ruth Amoah and her workers at Moments Chocolate workplace remove husks from roasted cocoa beans on June 18, 2019, in Accra.

Nestlé & Cargill v. Doe Series: American Courts Do Not Have Universal Jurisdiction Over All Wrongs Everywhere

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
1-12 of 55 items

DON'T MISS A THING. Stay up to date with Just Security curated newsletters: