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 House’s New Proposal for an AUMF Against ISIL
Rep. Adam Schiff (D-CA) proposed today an authorization for military force against ISIL, detailed in a statement on his website, complete with draft text. Schiff’s proposal…
When Institutions Fail: A Thought Experiment
[Editors’ Note: The following post is the second installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a…
White House Relies on 2002 Iraq Authorization—But What’s the Theory?
The New York Times’ Charlie Savage reports that the White House is relying not only on the 2001 authorization to use military force (the Sept 11th AUMF) but also the 2002 authorization…
A Response to Bruce Ackerman’s NYT Op-Ed on the President’s War Powers
Bruce Ackerman’s Op-Ed in the New York Times today is an interesting read. In it, he makes some impassioned arguments against the President’s legal justifications for the…
The Erosion of a Secret
Drone Timeline (Click to Enlarge) In connection with an ACLU Freedom of Information Act lawsuit pending before the U.S. District Court for the District of Columbia, the CIA has…
The Bells of September
This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…
Tentative first reactions to the 2001 AUMF theory [updated]
As I understand it, the Administration’s legal theory, as articulated by a senior official last evening, is something like the following: In 2004, ISIL (then known as al…
Democracy’s Failure
A year ago, President Obama gave a major counterterrorism speech in which he promised to “refine, and ultimately repeal” the 2001 AUMF. Yesterday, his administration announced…
The Coming Congressional “Authorization” to Use Force Against ISIL?
Many commentators and news outlets are focused on whether the White House will seek, or Congress will pass, authorization for the President to use military force against ISIL.…
The War Powers Clock(s) in Iraq
Jack Goldsmith has a very helpful post up on Lawfare, explaining that the President had issued three separate War Powers notifications to Congress over the past month with respect…
The Guns of September
[Editors’ Note: The following post is the first installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a longer…
Renewed focus on statutory construction in the Section 215 litigation
C-SPAN videotaped Tuesday’s oral argument in the U.S. Court of Appeals for the Second Circuit in ACLU v. Clapper, one of the primary challenges to the Section 215 telephony…