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.
2,544 Articles
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…
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)…