Separation of powers
59 Articles

How ‘Economic Security’ is Re-shaping Presidential Power
Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.

The Just Security Podcast: Presidential Immunity After Trump v. United States
Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.

Trump’s Prosecutions Depend on Whether the Dissent Got It Right
Justice Sonia Sotomayor wrote that the Supreme Court's majority granted “former President Trump all the immunity he asked for and more.”

Divided Supreme Court Hands Trump Broad Immunity for Prosecution for Official Acts
The Court set forth a legal framework for the criminal justice system to respond to a president committing federal crimes while in office.

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.

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.

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.

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.

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.

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.