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
Thoughts on Zivotofsky, Part Six: Why the majority’s surprising decision on executive exclusivity is unpersuasive
As I noted in my previous post, although it was unnecessary to the Court’s holding, the proposition that Zivotofsky will now stand for—in briefs, in articles, and in constitutional…
Thoughts on Zivotofsky, Part Five: Why did the majority choose to decide whether the President’s “recognition” power is exclusive?
“Congress may not enact a law that directly contradicts” the President’s “formal recognition determination.” That’s the constitutional proposition in Justice Kennedy’s…
Closing Guantánamo Will Help Combat Terrorist Propaganda
It’s no secret that extremist groups like al-Qaeda and ISIL use the American prison at Guantánamo Bay as a recruiting tool and rallying cry against the United States. The topic…
Thoughts on Zivotofsky, Part Four: Justice Thomas as constitutional iconoclast (or, “What was so terrible about King George III, anyway?”)
In my previous post, I described the principles of constitutional foreign affairs authority on which almost all of the Justices agreed in Zivotofsky. In the posts that follow,…
The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote
[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…
Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional
Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…
Thoughts on Zivotofsky, Part Three: The broad consensus on presidential and congressional foreign affairs authorities
The Justices were, of course, closely and sharply divided on the ultimate resolution of Zivotofsky (on which more shortly). One of the most striking things about the decision,…
Thoughts on Zivotofsky, Part Two: Whither Article III standing?
Why did Menachem Zivotofsky have Article III standing to sue? Will Baude raised that question a few weeks ago in the New York Times. In recent years the Court has insisted…
No Torture Means No Torture – Why We Need the McCain-Feinstein Anti-Torture Amendment
Do we mean what we say when we ban torture? That has been a question for more than a decade, ever since President George W. Bush, on United Nations International Day in Support…
Thoughts on Zivotofsky, Part One: How groundbreaking is it?
There’s already been a great deal of valuable online analysis of Monday’s decision in Zivotofsky v. Kerry, and there’s sure to be much more to follow. The…
The (Telephony) Matrix Reloaded
The Obama administration has sought to temporarily relaunch the NSA’s bulk telephone records collection program, which was wound down over recent weeks as its legal foundation,…
A New, and This Time Bipartisan, Proposal for an AUMF Against ISIL
As we highlighted last week, there has been recent movement in Congress to refocus on the need for an authorization for the use of military force (AUMF) against ISIL. Sen. Tim…