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.

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Just Security

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…
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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…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

Abstention and the “Other” D.C. Circuit Military Commission Appeal

Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…
Just Security

Bulk Collection Under Section 215 Has Ended… What’s Next?

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…
Just Security

National Security-Related Congressional Hearings, November 30–December 4

Below is a calendar of congressional hearings on national security matters for this week. Tuesday, December 1 9:30am – Senate Armed Services – Acquisition Reform: Next Steps…
Just Security

The President’s NDAA signing statement re: GTMO and anti-torture provisions

The President today signed into law into law S. 1356, the National Defense Authorization Act for Fiscal Year 2016. The good news is that Section 1045 of the NDAA in effect codifies…
Just Security

Power Wars Symposium: A Study in Contrasting Views of Executive Authority

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
Just Security

Still Secret: Second Circuit Keeps More Drone Memos From the Public

Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…
Just Security

Why Al Bahlul IV Won’t Matter

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
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