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
Reminder by Charlie Savage of Surveillance Implications of ISIS AUMF
Charlie Savage, correspondent for The New York Times and author of “Power Wars,” was a speaker at a recent Heritage Foundation event entitled, “Is it Time for…
Why Congress Should Not Add “Successor Organizations” in Authorizing War Against ISIS
Years from now, what organizations will be the successor entities to Al-Qaeda, the Taliban, and ISIS? Of course nobody knows the answer, not even the groups themselves. With that…
The Perils of a Congressional Authorization to Fight ISIS
On September 18, 2001, nobody could have imagined how far Congress’s Authorization for the Use of Military Force (AUMF) would be stretched nearly sixteen years later and across…
On N. Korea: Calling on Congress and the President’s Advisers to Defend the Constitution
For those of us who had hoped Defense Secretary Jim Mattis and Lt. Gen. H. R. McMaster, the president’s national security advisor, would make up for the inexperience and curb…
The Fog of War Powers
In the aftermath of President Trump’s strike on a Syrian airfield, commentators continue to debate the scope of presidential war powers under the Constitution. Yet many of…
“Golden Shield” Oral Arguments Today: Doe v. Cisco
A panel of the Ninth Circuit of Appeals in San Francisco (composed of Judges Stephen Reinhardt, Wallace Tashima, and Marsha Berzon) will hear oral arguments today in the Alien…
Trump on North Korea: The Dangerous Impulse to Go it Alone
At Monday’s press briefing, White House Press Secretary Sean Spicer was asked whether President Donald Trump would seek congressional authorization before taking military action…
When Moral Compulsion is Characterized as a Crime of Aggression
As a number of my colleagues have been debating the lawfulness of the United States striking a Syrian airbase with 59 Tomahawk missiles in response to a purported chemical weapons…
Not Illegal: But Now The Hard Part Begins
I am no fan of the Trump Administration, which in its short life has attempted many illegal acts. But neither do I automatically conclude that everything it does is illegal, as…
Why the strikes against Syria probably violate the U.N. Charter and (therefore) the U.S. Constitution
[UPDATED] The Pentagon has issued the following statement about the U.S.’s use of 59 Tomahawk missiles against the Shayrat Airfield in the Homs governorate of Syria this…
Why Trump Associates Should Worry A Lot More About the Logan Act
In a Washington Post Op-Ed, I look into the history of the law that forbids Americans engaging with foreign governments to undermine official policies of the United States. The…
To Senate Committee on Homeland Security: Five Questions for Secretary Kelly About Passwords Demands at the Border
On January 31, an NASA engineer and U.S. citizen, Sidd Bikkannavar, was informed by federal border agents he hat he was required to turn over the password to his smartphone on…