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.
2,462 Articles
Drone Casualty Reporting Requirement Dropped from Intel Authorization Bill
Over the last several months, we’ve been following closely several legislative proposals in the House and Senate aimed at bringing greater transparency to the U.S. drone…
Are AQAP Domestic Insurgents in Yemen Covered by the AUMF?
According to Dan Klaidman’s excellent book, President Obama and John Brennan drew a red line in 2011: The United States would target members of Al Qaeda in the Arabian Peninsula…
Intelligence Community Directive 119 and the First Amendment
As the inestimable Steve Aftergood noted last week over at Secrecy News, the Director of National Intelligence, James Clapper, has issued a new “Intelligence Community Directive”…
Petition denied in Hedges
The Supreme Court this morning unsurprisingly, and without comment, denied the petition for certiorari in Hedges v. Obama, No. 13-758. The plaintiffs in Hedges challenged the…
Standing and Causes of Action in Zivotofsky
As a nerdy follow-on to Bob’s excellent guest post on the Zivotofsky case (which could prove to be the most significant foreign affairs case that the Supreme Court has…
Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein
A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…
Hussain and AUMF Repeal
In light of the ongoing discussion regarding Justice Breyer’s interesting statement regarding denial of certiorari in Hussain, I thought I’d flag a separate, but related,…
Ongoing “Drone Strikes” in Yemen Raise Four Questions
From Saturday to Monday morning, the US has reportedly been carrying out a series of air strikes in Yemen, delivering multiple blows to Al Qaeda in the Arabian Peninsula (AQAP).…
Justice Breyer’s Concurrence in Hussain
As Marty predicted back in March, the Supreme Court’s denial of certiorari this morning in the latest Guantánamo case to reach the Court–Hussain v. Obama–came…
The reorganization of Title 50 (and a note about Congress having exempted “intelligence activities” from statutes implementing treaties)
Perhaps I was the last to know, but I just discovered that the House Office of Law Revision has recently reorganized, into four new chapters, what had long been known as chapter…
New Statute Provides Amends to Foreign Civilians Killed by the United States – but only if they’re “friendly”
Earlier this month, Just Security published a guest post by Sahr Muhammedally outlining a new congressional statute whereby the Defense Department can now move ahead in establishing…
United States v. Glenn Greenwald?
Apparently, Glenn Greenwald and Laura Poitras–two of the journalists most directly involved in the dissemination of Edward Snowden’s revelations regarding various NSA…