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
DOJ and ODNI Support the Senate Version of the USA FREEDOM Act
The headline won’t surprise those who have been following the surveillance reform debate. But on August 19, Senate Judiciary Committee Chairman Leahy sent a letter to Attorney…
Exhibit #1: How Not to Authorize Armed Conflict
Rep Frank Wolf (R-VA) is planning to introduce a new force authorization when Congress returns from recess next week. Entitled an “Authorization for Use of Military Force Against…
Targeting Al-Shabaab’s Godane is not the same as targeting Al-Shabaab
On Monday, the US military conducted an airstrike in Somalia, in which the primary target was reportedly Ahmed Abdi Godane, the leader of the militant group Al-Shabaab. Based…
Harold Koh on the International and Domestic Legal Options for Containing ISIL
Just Security’s Harold Koh has a must-read piece in Politico, analyzing the legal and policy choices for the President to confront ISIL. Harold stakes out several important…
FISC OKs Section 215 Investigations of Americans, Despite First Amendment
The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to…
Hope for Yemeni Detainees?
Over at Politico, Josh Gerstein reports that the Obama administration has broken its self-imposed suspension of transfers to Yemen and sent two long-term detainees from U.S. military…
The Administration’s Theory for How the 2001 AUMF Could Apply to ISIS
Senator Tim Kaine, in a statement on Monday, marked out the position that expanded military operations against ISIS are not covered by Congress’s 2001 authorization for use of…
Does the Administration consider the War Powers Resolution applicable in Iraq?
Some might think a recent report in the Washington Post provides significant information on the administration’s views on the applicability of the War Powers Resolution (WPR)…
Cert. petition in Ali accepts Justice Breyer’s invitation
As I posted back in April, Justice Breyer issued a statement respecting denial of certiorari in the case of Hussain v. Obama in which he more or less invited Guantánamo habeas…
Fast and Furious: Mixed Ruling in Oversight Committee v. Holder
This week, Judge Amy Berman Jackson issued an important opinion in Oversight Committee v. Holder, ongoing litigation in federal court in the District of Columbia. After the House…
Sen McCain: Iran pact “in every aspect, a treaty” requiring Senate consent–and his bill that says the opposite
In an excellent post on Wednesday, my colleague David Golove dives deep into the constitutional requirements for a nuclear agreement with Iran. David’s analysis suggests…
Ferguson is not Fallujah
The shooting of Michael Brown in Ferguson, Missouri, has sparked a long overdue discussion about the militarization of local police. The funds and equipment funneled to police…