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.
2,468 Articles
The Hicks Military Commission Appeal
Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…
There Will Be Surveillance Reform
How should we understand the Senate’s failure to pass the USA Freedom Act on Tuesday? I’m not sure. But I’m pretty sure it’s misguided to propose, as Steve Vladeck did…
Livestream of National Security Law Brief Symposium: Congress, Use-of-Force Authorizations, and ISIL
This afternoon, from 2-6 p.m., the National Security Law Brief at American University Washington College of Law is hosting a symposium on Congress, use-of-force authorizations,…
The End of the Snowden Affair
Sometime around 7:30 p.m. (EST) last night, the 17-month-long national conversation over how to reform U.S. foreign intelligence surveillance authorities effectively ended when…
Debunking the “Vichy France” Argument on Authorization to Use Force against Co-Belligerents
If Congress authorizes the President to wage war against an enemy (e.g., Al Qaeda), can the President also wage war against co-belligerents of that enemy (e.g., Al Qaeda of the…
Seeking Consensus on AUMFs
[Cross-posted at Lawfare] The three of us have coauthored an Op-Ed in Sunday’s Washington Post on the topic of congressional authorization for the use of force against ISIL and…
The core of Zivotofsky: of passports, property, commerce, recognition . . . and, ultimately, diplomacy
Seth Barrett Tillman is probably correct: Section 214(d) of the 2003 Foreign Relations Authorization Act–which requires the Secretary of State to record the place of birth…
114th Congress Faces Significant Committee Shake-Ups
In the wake of last week’s election, both chambers of Congress (and both parties) are facing significant changes to committee memberships with the start of the 114th Congress.…
Sen. Kaine: Narrow the Scope of the 2001 AUMF
WASHINGTON — It’s no secret that Sen. Tim Kaine (D-Va.) doesn’t buy the White House’s claim that the 2001 authorization for the use of military force (AUMF) against al-Qaeda…
The Surveillance State’s Legalism Isn’t About Morals, It’s About Manipulating the Rules
Margo Schlanger has written a great article forthcoming in the Harvard National Security Journal about intelligence legalism, an ethical framework she sees underlying NSA surveillance.…
Principles to Guide Congressional Authorization of the Continued Use of Force Against ISIL—Clarification on Sunset Provision
On Monday, a group of eight legal experts, including some Just Security editors and some not, released a document entitled, “Principles to Guide Congressional Authorization…
Avoiding Unnecessary Wars and Preserving Accountability: Principles for an ISIL-Specific AUMF
Earlier today, a group of legal experts–including Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Harold Koh, and Marty Lederman–released a set of “Principles…