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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National Security Politics in the 114th Congress

Last September, I wrote a post exploring whether some of the congressional reactions to the Snowden disclosures might have been portents of a coming political realignment on national…
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A Republican Senate Takeover Won’t Doom Surveillance Reform

Late on the evening of May 29, 2014, California Rep. Zoe Lofgren (D) called a small, bipartisan group of lawmakers to her office in the Longworth Building on the Capitol Hill campus.…
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2014 Congressional Midterms and Surveillance Reform: Races to Watch

This is the first of two posts discussing the future of surveillance reform after the 2014 midterms. The second post is available here. The high water mark for NSA reforms in the…
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The Article I argument in Zivotofsky

For over two centuries, federal courts have not had occasion to adjudicate whether and to what extent Congress has the power to regulate or supersede the President’s power…
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A Big Week in Afghanistan War Oversight

It has been a busy week for John Sopko, the US-appointed Special Inspector General for Afghanistan Reconstruction (SIGAR). He and his team just published a number of reports indicating…
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Time to Give the Sleeves From Our Vest and Acknowledge the Extraterritoriality of the Convention Against Torture

As David Luban noted yesterday evening, Charlie Savage of The New York Times reported that the Obama Administration likely plans to continue to espouse Bush-era positions on the…
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Apple, Boyd, and Going Dark

Apple’s recent announcement that it will encrypt its newest iPhones is again pushing to the fore the question of whether the law should be updated to require companies to have…
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Military Commissions After Guantánamo

This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…
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One More Thing on Goldsmith & Waxman

There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…
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Rejecting the Bush Comparison: A Response to Goldsmith & Waxman

Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…
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Authorizing Force: A Review of Turkish, Dutch and French Action

As the number of states using military force against ISIS in Syria and Iraq have increased, a series of domestic authorizations have emerged from their national executives and…
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Ending the Forever War is (Still) in Reach–a.k.a. How I Read the Goldsmith-Koh Exchange

Last week, Harold Koh wrote another important intervention in his efforts to help steer the United States out of “the Forever War.” That objective is to take the country eventually…
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