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
Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States
In a breathtaking 80-page opinion handed down today in Castro v. U.S. Dep’t of Homeland Security, a unanimous panel of the Third Circuit has held that the Suspension Clause…
A 9/11 Commission Approach to the Russian Hack of the DNC
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy
This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications…
Congress Needs to Press the Pentagon, Saudi Arabia on Abuses in Yemen War
On August 9, one day after the Pentagon notified Congress of its intention to sell $1.2 billion in weapons systems to Saudi Arabia, the Saudi-led coalition resumed airstrikes on…
Judicial Enforcement of a Senate Subpoena of Backpage.com
Last week, the DC Circuit temporarily stayed an order enforcing a US Senate subpoena for records from the classified advertising site, Backpage.com, which has come under scrutiny…
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That’s how many individuals the Department of Defense continues to detain at the Guantánamo Bay Naval Base after the recent transfer of 15 detainees to the United Arab Emirates.…
Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals?
According to a provocative new amicus brief filed by the Hoover Institution’s Adam White and UVA Law Professor Aditya Bamzai in opposition to certiorari in Akbar v. United…
Today’s Important Deadline in the ACLU’s Targeted-Killing Transparency Case
Today, more than three years after President Obama announced that he had issued a classified “Presidential Policy Guidance,” commonly known as the PPG, meant to govern the…
Towards a Cyber-Security Treaty
The Democratic National Convention (DNC) leaks revealed last week have presumably reminded many Americans to the severe cyber-threats this country is facing. Particularly alarming…
Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill
In his recent posts and an article, Dakota Rudesill tackles the phenomenon of secret law. Dakota persuasively describes a growing body secret law, which he defines as “legal…
Donald Trump’s Wall, David Rieff’s Long War, and the Dangers of Fear-Mongering
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
It’s Time to Come to Terms With Secret Law: Part II
On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…