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.
2,460 Articles

Will Trump Administration Claim Congress Authorized Force against Iran?–Analysis of Existing Statutory Authority and New Proposals
Could recent Trump administration comments indicate an attempt to justify war on grounds beyond Iran’s nuclear program? If so, would the administration be able to make a serious…

Can You Sue International Organizations? The Supreme Court Decides to Weigh In
Last week, the Supreme Court granted certiorari in Jam v. the International Finance Corporation, that may pare back immunities from lawsuits for international organizations. The…

A Model for Improving Cooperation in Cyber – the Highway Safety Act?
A new piece of bipartisan legislation—the “Enhancing Grid Security through Public-Private Partnerships Act” (HR 5240)—was reported out of the House Energy and Commerce…

The National Security Threat of Trump’s Defense Budget
As a former military officer and national security appointee under President Barack Obama, I know firsthand the value of U.S. defense spending for securing the United States and…

No, Making the Iran Deal a Treaty Wouldn’t Have Stopped Trump from Withdrawing from It
Since President Trump announced his decision to withdraw from the Iran nuclear deal, legal scholars, elected officials, and political commentators have suggested that the non-binding…

Senator Merkley’s Smart New Alternative AUMF Proposal
Yesterday, Senator Jeff Merkley (D-Ore.) released a new proposal for an authorization to use military force, or “AUMF.” As Merkley explained in last week’s AUMF hearing before…

With New U.S. Arms Sale Pending–What Happened to Saudi Assurances on Civilian Casualties in Yemen?
To get an arms sale past Congress last year, Saudi Arabia promised $750 million to prevent civilian casualties in Yemen. The civilian death toll has since risen.

Cohen’s Slush Fund is Not Business as Usual—But Business as Usual Needs to Change
President Donald Trump’s personal lawyer, Michael Cohen, sold his access to the president to multinational corporations, including one reportedly controlled by a Russian oligarch,…

A Possible US-EU Agreement on Law Enforcement Access to Data?
[Cross-posted on Lawfare] Attorney General Jeff Sessions is scheduled to fly to Sofia, Bulgaria for a May 22 meeting with senior European law enforcement officials. In the wake…

Enhanced Evasion Techniques
On Thursday, May 17, after only a few hours of debate, the Senate approved Gina Haspel’s nomination as CIA director by a margin of 54 to 45 votes. The vote broke largely, but…

Letter to the Editor: The Twenty-Fifth Amendment Reader’s Guide
Harold Koh and the Yale Law School Rule of Law Clinic should be proud of their work. Released on April 18, the Clinic’s “Reader’s Guide” to Section 4 of the Twenty-Fifth…

Contempt of Congress, Contempt by Congress
The latest sideshow stemming from Special Counsel Robert Mueller’s investigation into Russian collusion is Congressmen Devin Nunes’s (R-Calif.) and Mark Meadows’s (R-N.C.)…