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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2,549 Articles
Just Security

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…
Just Security

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…
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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…
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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…
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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…
Just Security

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…
Just Security

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…
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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…
Just Security

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,…
Just Security

Drone Disclosures, Official and Not

As readers of this blog already know, last week The Intercept published a series of fascinating stories about the US drone campaign. The stories, and the official documents that…
Just Security

National Security-Related Congressional Hearings, October 19–23

Below is a calendar of congressional hearings on national security matters for this week. Tuesday, October 20, 2015 10:00am – Senate Foreign Relations – The Persistent North…
Just Security

The Obama Administration’s Misguided Opposition to Tariq Ba Odah’s Request for Judicial Relief

On October 15, a federal district court in Washington, DC, will hear argument in Ba Odah v. Obama, a habeas challenge by a Guantánamo detainee whose prolonged hunger strike has…
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