Separation of powers
61 Articles

A Prudential Way Forward in Trump v. United States
"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."

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…

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.