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
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…
James Foley and the Hostage Act
Some commentators have suggested that the newly disclosed special forces operation to rescue James Foley may have lacked congressional authorization, thereby further underscoring…
Presidential Authority to Conclude an Iran Nuclear Agreement—and the Senate’s Self-Defeating Bill
The prospect of a successful conclusion to the ongoing negotiations with Iran over a nuclear deal promises to generate a debate over fundamental constitutional questions about…
Impact(s) of the Boehner Lawsuit on the Separation of Powers in National Security
While there have been countless articles written on the House efforts to sue President Obama, few commentators have opined on the likely impact(s) of the House lawsuit on national…
Disappearing People and Disappearing the Evidence: The Deeper Significance of the SSCI Report
When the executive summary of the Senate Select Committee on Intelligence’s (SSCI) report on the CIA’s torture program is finally released, it is likely to discredit a story…
Torture and the SSCI Report
This August, torture is once again on our minds. On the heels of President Obama’s rather callous admission that “we tortured some folks,” the Senate Select Committee on…
New Proposal for Gradual Repeal of the AUMF
As debate over the future of the post-9/11 Authorization for Use of Military Force continues, today the National Security Network has released a report contributing to the discussion. Ending…
How Not to Authorize Force Against ISIS: A Response to Jack Goldsmith
Over at Lawfare, Jack Goldsmith appears to suggest that President Obama’s decision to authorize limited uses of force in Iraq underscores the need for an open-ended congressional…
President Authorizes Airstrikes against ISIS in Iraq—But how limited is it?
On Thursday night, President Obama announced that he has authorized airstrikes “if necessary” for “two missions” in Iraq (full text of the President’s statement). Mission…