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.
2,549 Articles
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…
Why Flynn Isn’t Getting Immunity Anytime Soon
[Editor’s Note: This post is part of a Just Security symposium on retired lieutenant general Michael Flynn’s legal jeopardy. Ready Alex’s earlier post, “Flynn’s…
A Primer on the Foreign Agents Registration Act—and Related Laws Trump Officials May Have Broken
About a week ago, I wrote a pair of posts about the increasing insinuation in various camps that, if in fact the Trump campaign colluded with the Russian government to influence…
Flynn’s Public Offer to Testify for Immunity Suggests He May Have Nothing to Say
The Wall Street Journal is reporting that former National Security Advisor Mike Flynn told the FBI and Congress that he is willing to testify in exchange for immunity. But it’s…