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.
2,455 Articles
War: What Is It Good For? — Revisiting Strategic Questions Congress Should Ask in Debating an ISIL AUMF
As I revisited the series of 20 questions I recommended Congress consider in September 2014 regarding US strategy to combat the threat posed by ISIL, I remembered the advice an…
OmniCISA Pits DHS Against the FCC and FTC on User Privacy
On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier versions would…
Cruz & Rubio’s Confusing USA Freedom Exchange
A few reporters have asked me about a slightly odd exchange between GOP presidential hopefuls Marco Rubio and Ted Cruz at last night’s primary debate, so I thought it might…
National Security-Related Congressional Hearings, December 14–17
Below is a calendar of congressional hearings on national security matters for this week. It’s a slow week in Congress as the committees wrap up last-minute business before…
The Schiff AUMF: It’s even better than that
I heartily concur in the praise that Jen and Steve, and Jack Goldsmith, have heaped upon the new draft AUMF proposed by Representative Adam Schiff. Indeed, my enthusiasm for…
Rep. Schiff’s Newly-Proposed AUMF: Praise And A Caveat
Over at Lawfare, Jack Goldsmith praises Adam Schiff’s newly-proposed Consolidated Authorization to Use Military Force. With one important caveat (see below), we share in Jack’s…
On Human Rights Day, One Year On: No Apology and No Accountability for US Torture
A year ago yesterday, the Senate Select Committee on Intelligence released a redacted version of the executive summary of its exhaustive report on the CIA’s detention and interrogation…
What’s Missing from Constitutional Analyses of Donald Trump’s Muslim Immigration Ban
Editor’s Note: This post was originally published on December 10, 2015 at 12:50am. On Tuesday, I wrote a short piece for CNN.com explaining why Donald Trump’s proposed ban…
The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases
These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
National Security-Related Congressional Hearings, December 7–11
Below is a calendar of congressional hearings on national security matters for this week. Tuesday, December 8 9:30am – Senate Armed Services – Improving the Pentagon’s Development…
Texas and the Syrian Refugees
The Supreme Court will soon decide whether to take up United States v. Texas, a suit by 26 states challenging the deferred action program introduced by President Obama in November…
An ISIL AUMF WTF?
Two weeks ago, the Washington Post ran a story by David Weigel about a draft Authorization for the Use of Military Force (AUMF) against ISIL being prepared by Senator Lindsey…