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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Whither the Section 215 Reauthorization Debate?

Remember section 215 of the USA PATRIOT Act — and the bulk telephone records metadata program the government conducted pursuant a controversial interpretation of that authority?…
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Why Sunset and Supersession Provisions Are Both Needed in an Anti-ISIL AUMF

Yesterday, I testified before the Congressional Progressive Caucus, led by Rep. Barbara Lee (D-Calif.), in a forum on the President’s proposed authorization to use military…
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Collateral Effects of Secretary Clinton’s Nonofficial Email

On March 2, the New York Times reported that Hillary Clinton exclusively used a nongovernment email account during her tenure as Secretary of State. Last December, following a…
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National Security-Related Congressional Hearings, March 16–20

Below is a calendar of Congressional hearings on national security matters for this week. Tuesday, March 17, 2015 9:00am – Senate Armed Services – A Briefing on Cyber, Space…
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The Iran Nuclear Deal: The Dispensability of Obligation

Day by day the debate on the Iran nuclear deal drifts further into the deep weeds. Iranian Foreign Minister Javad Zarif last week announced his expectation that the agreement will…
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Does the President’s Proposed AUMF Authorize Force Against ISIL “Wannabes”?

A key question in Wednesday’s Senate Foreign Relations Committee hearing involved what the administration means by ISIL’s “associated forces,” and how the President’s…
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Secretary Kerry on the relationship between the 2001 and ISIL AUMFs

Last month, I wrote that “[a]ssuming the President and Congress mean for [the Administration’s draft] AUMF to impose limits on the President’s authority–including,…
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The case for the President’s unilateral authority to conclude the impending Iran deal is easy because it will (likely) be a nonbinding agreement under international law

[Cross-posted at Lawfare.] In Marty’s post yesterday about the letter that 47 Senators sent to “the Leaders of the Islamic Republic of Iran,” he briefly addressed…
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The Cotton letter . . . and the Vice President’s response

I was thinking of offering a few thoughts on the growing contretemps regarding the letter to “the Leaders of the Islamic Republic of Iran” penned by Senator Cotton…
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Legal Flaws in the 47 Senators’ Letter to Iran

Since John Marshall stated in Congress in 1800 that the President is the sole representative of the United States “with foreign nations,” it has been widely understood…
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National Security-Related Congressional Hearings, March 9–13

Below is a calendar of Congressional hearings on national security matters for this week. There are no House hearings scheduled this week and many representatives will back…
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US Government Makes Slight Concession in Twitter’s Warrant-Canary Suit

The US government last week conceded for the first time that some companies have the right to publish so called “warrant canaries” in a new filing supporting its partial motion…
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