Separation of powers
52 Articles
Trump’s Invoking Obama Signing Statement as Reason Not to Report to Congress on Khashoggi Murder: A Roundup of Expert Views
The Trump administration has refused to submit a report to Congress, as required by federal statute, providing a determination whether Saudi Arabia's Crown Prince Mohammed bin…
What the Constitution Says About Trump’s Obstruction of Pelosi’s Afghanistan Trip
President Donald Trump’s retaliation against Speaker Nancy Pelosi’s withdrawing the State of the Union invitation — denying Pelosi’s use of military aircraft to travel…
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…
Are We Down to One Branch of Government?
The Republican-led Congress has essentially abdicated its role. The Supreme Court — with its travel ban decision and especially now with Justice Anthony Kennedy’s retirement…
Trump’s Escalating Assault on the Justice Department: Time to Review Dershowitz’s Defense of Unreviewable Presidential Control of Federal Law Enforcement
President Trump has taken a dramatic turn in his push against the Justice Department. His approach his built on a theory that Alan Dershowitz defends on television. But when Dershowitz…
The Missing Justice Dep’t Memo on Whether a President Can Be Subpoenaed to Testify in a Criminal Case
A hot button issue in the Russian investigation is whether a sitting president can be subpoenaed to testify in a criminal proceeding. There's a critical Justice Department opinion…
Businesslike Government, Presidential Power, and the Erosion of the Civil Service
Immediately after the election, I wrote about the administrative separation of powers, specifically about how the rivalrous and contentious interplay of politically appointed agency…
Administrative Checks and Balances in the Trump Administration
Raise your hand if you went to bed Tuesday thanking James Madison for the gift of separation of powers. For years, scholars and pundits have resented that gift, railing against…
McCain’s Hearing Threat and the Bergdahl Court-Martial
Last month, Sen. John McCain (R-Ariz.), chair of the Senate Armed Services Committee, stated his opinion that Army Sgt. Bowe Bergdahl, who is currently facing charges before a…
A False Choice on Guantánamo Closure
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional
Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…
The case for the President’s unilateral authority to conclude the impending Iran deal is easy because it will (likely) be a nonbinding agreement under international law
[Cross-posted at Lawfare.] In Marty’s post yesterday about the letter that 47 Senators sent to “the Leaders of the Islamic Republic of Iran,” he briefly addressed…