Congress
Just Security’s expert authors offer analysis of U.S. Congress’ role in national security, foreign affairs, the rule of law, and rights. Coverage includes analysis and informational resources related to the legislative process, oversight and investigations of the executive branch, and major debates on the separation of powers and Congress’ constitutional role.
2,468 Articles
The Hidden Issue in Huawei’s Suit Against the United States
Huawei v. U.S. is more than simply a publicity stunt or moral appeal by the Chinese company — unfair legislative targeting is a claim that courts and commentators should take…
What to Do with Vetoed Bills
Applying a Youngstown canon to vetoed bills respects Congress’s clearly expressed position while also complying with the Constitution, as interpreted by the Supreme Court in…
Now Mueller’s Probe is Over, Should and Will His Findings Be Made Public? Law and Past Practice
The first waiting game is over. Special Counsel Robert Mueller has completed his role as Special Counsel and delivered his findings to Attorney General William Barr.
Now, the…
Trump and the Demise of the Presidential Records Honor System
News broke yesterday that Jared Kushner, President Donald Trump’s son-in-law and senior policy advisor, has been using the private messaging application WhatsApp for official…
Why it’s a mistake to be a-waitin’ “the” Mueller Report (and why you should instead focus on two other reports)
OLC’s governing view of the constitutionality of a grand jury indictment of a sitting president therefore doesn't stand in the way of DOJ providing a comprehensive account to…
The U.S. Congress, a Voice for the Balkans In the 1990s Wars, Needs to Step Up Again
President Donald Trump and National Security Advisor John Bolton are engaged in a campaign to pressure a close American ally into ceding parts of its territory to a historic adversary.…
What Comes Next: After Supreme Court Reduced Obstacles to Suing International Organizations
Suing international organizations just got a little bit easier, as a result of a 7-1 U.S. Supreme Court decision issued last week in Jam v. International Finance Corporation. The…
Time to Rehabilitate the Legislative Veto: How Congress Should Rein in Presidents’ “National Emergency” Powers
How to create a realistic process for a president to take extraordinary action when truly needed, while preserving Congress' ability to check abusive executive action and protect…
‘Fixer’ Unbound: Public Confidence in Attorneys, Not Just the President, at Stake
Lawyers may be judged by the company they keep, but not by the clients they represent. Attorneys routinely advocate positions they disfavor on behalf of clients whose views and…
Reflecting on the Civilian Casualty Executive Order: What Was Lost and What Can Now Be Gained
What information did the public just lose with Trump's decision, and what can Congress do beyond just restoring it? Civilian casualties in wartime reporting and minimization.
President Trump’s Cronyism and Excesses Should Prompt Security Clearance Reform
The Trump years threaten to become a boiling point for numerous simmering constitutional conflicts, but one of the most innocuous-looking might end up being one of the most important.…
Trump’s Revocation of Reporting on Lethal Strikes: All Eyes on Congress, Now
On Wednesday, President Donald Trump issued an Executive Order revoking a section of President Barack Obama’s Executive Order on civilian casualties that required annual reporting…