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
The Assassination Ban and Targeted Killings
In public speeches, administration officials have criticized the use of the word “assassination” to characterize targeted killings carried out by the United States. The administration’s…
National Security-Related Congressional Hearings, November 2–6
Below is a calendar of congressional hearings on national security matters for this week. Tuesday, November 3, 2015 9:30am – Senate Armed Services – Future of Warfare (here)…
Congress: Troops to Syria Means It’s Time (Finally) to Act
News that the United States has sent its first — albeit “fewer than 50” — troops to fight ISIS in Syria highlights once again the need for a new authorization to use military…
A False Choice on Guantánamo Closure
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…
Reminder: Tech Firms Aren’t Always the Privacy Advocates We’d Like to Think They Are
Last weekend, news broke that Facebook had been informally lobbying lawmakers to let them know the company didn’t oppose the Cybersecurity Information Sharing Act (CISA). The…
A Quick Update: Apple, Privacy, and the All Writs Act of 1789
Here’s the latest in the encryption case we’ve been writing about in which the Justice Department is asking Magistrate Judge James Orenstein to order Apple to unlock a criminal…
Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling
Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…
Section 215 and “Fruitless” (?!?) Constitutional Adjudication
This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful…
The All Writs Act, Software Licenses, and Why Judges Should Ask More Questions
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…
National Security-Related Congressional Hearings, October 26–30
Below is a calendar of congressional hearings on national security matters for this week. Tuesday, October 27, 2015 9:30am – Senate Armed Services – United States Military…
After the NDAA Veto: Now What?
This time, he’s serious. After all these years of unexecuted veto threats, on October 22, 2015, President Obama finally vetoed the $612 billion National Defense and Authorization…
Update on Apple’s Compelled-Decryption Case
Last week, we wrote about an order from a federal magistrate judge in New York that questioned the government’s ability, under an ancient federal law called the All Writs Act,…