Separation of powers
59 Articles
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…
The Cotton letter . . . and the Vice President’s response
I was thinking of offering a few thoughts on the growing contretemps regarding the letter to “the Leaders of the Islamic Republic of Iran” penned by Senator Cotton…
Legal Flaws in the 47 Senators’ Letter to Iran
Since John Marshall stated in Congress in 1800 that the President is the sole representative of the United States “with foreign nations,” it has been widely understood…
Rejecting the Bush Comparison: A Response to Goldsmith & Waxman
Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…
Impact(s) of the Boehner Lawsuit on the Separation of Powers in National Security
While there have been countless articles written on the House efforts to sue President Obama, few commentators have opined on the likely impact(s) of the House lawsuit on national…