What's Old is New Again
With every new administration comes new promises and new actions on national security. But what’s “new” has often been proposed or even tried before—which means there’s a good chance Lawfare has already analyzed some of the legal and policy implications they present. So we’re making that past content readily accessible as it becomes newly relevant.
Find our regularly updated, curated list of Lawfare analysis from the archives below.
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Trump’s Plan to Gut the Civil Service
By creating a new type of federal position, Schedule F, President Trump has empowered federal agencies to move scores of career federal employees into positions for which job protections would be elimina... -
Inspector General Reform in the NDAA
Congress has made it harder for presidents to replace a fired or acting inspector general with a non-independent official. -
Is It Time to Reform the Federal Vacancies Reform Act?
President Trump is stretching the limits of his statutory ability to appoint acting officials to Senate-confirmed roles. What can Congress do? -
Schedule F: An Unwelcome Resurgence
The Trump administration’s 2020 proposal is threatening to make its way back into federal policy. What is Schedule F, and how does it erode national security efforts? -
Using Force Against Mexican Drug Cartels: Domestic and International Law Issues
Executive branch lawyers could argue that using force against cartels would be consistent with past presidential uses of force, but it would be very difficult to defend under international law. -
The National Security Dimension of Birthright Citizenship
The hottest flash point at the moment in this summer’s immigration debate is birthright citizenship.