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.
2,544 Articles
The Microsoft Warrant Case: A Response to Orin Kerr
With less than a week before the Second Circuit considers the dispute between Microsoft and the government over emails stored in Ireland (an issue I have blogged about here, here,…
Better Never Than Late? The D.C. Circuit’s Problematic Standing Holding in Klayman
This morning, nearly 10 months after it was argued, the D.C. Circuit finally handed down its decision in Obama v. Klayman—the government’s appeal of Judge Leon’s December…
The Alarming Gaps in Military Appellate Review
We pay a lot of attention on this blog to the Guantánamo military commissions and the principal structural defect in those tribunals as currently constituted, to wit, their power…
The Supreme Court, ISIS, and the War Powers
In the latest issue of the Atlantic, Yale Professor Bruce Ackerman has a provocative essay titled “Can the Supreme Court Force Congress to Own the War on ISIS?” Not…
A Legislative Fix to Inspectors’ General Difficulties Accessing Information?
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…
The DOD Law of War Manual and Command Responsibility: Is it Time for a “Necessary and Reasonable” Change to the UCMJ?
Editor’s Note: This post is the latest in Just Security’s “mini forum” on the new Defense Department Law of War Manual. This series includes posts from Sean Watts, Eric…
Is al-Qaeda v Islamic State the Right Question?
Which terrorist group is a bigger threat to the United States, al-Qaeda or the Islamic State (IS)? It almost sounds like the sort of question you’d put to a child comparing movie…
National Security-Related Congressional Hearings, August 3–7
Below is a calendar of congressional hearings on national security matters for this week. The House is out of session for most of August with many members doing work in their…
President Obama’s Military Commissions
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…
Judge Lamberth decides Warafi
As Jen noted, Judge Lamberth today denied Mukhtar Yahia Naji al Warafi’s renewed habeas petition challenging his continued military detention at Guantánamo. As I have previously explained,…
The Government’s Overstated Rehearing Petition in al Bahlul
I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
Legislative Cyber Threats: CISA’s Not The Only One
If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal…