Administrative Foreign and Security Policy

A growing number of U.S. foreign and security measures in the past two decades has targeted individuals. These individualized measures have largely been carried out by administrative agencies. The paper examines this administrative foreign and security policy phenomenon with two main aims. First, it documents the individualization trend, the administrative mechanisms that have facilitated it, and the judicial response. Second, the paper examines how administrative foreign and security policy integrates with the President and the courts. It illuminates the President’s role as chief executive and commander-in-chief, and the applicability of the influential concept of Presidential Administration in the foreign and security realm. It also informs our understanding of the role of courts in foreign and security policy, by rendering more foreign and security action reviewable in principle, and providing a justification for judicial review.