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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Just Security

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…
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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.…
Just Security

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…
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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…
Just Security

Passing the Senate Gavels

Editors’ Note: The following post is the tenth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
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Reauthorize the AUMF: Clever strategies to limit presidential power are constitutional, but unwise

Now that the Midterms elections are in the books, it should be possible to focus once again on an unresolved issue that has generated massive angst on both sides of the political…
Just Security

The Problem With Legalism in the Surveillance State

Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
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A Cult of Rules: The Origins of Legalism in the Surveillance State

Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
Just Security

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.…
Just Security

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…
Just Security

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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