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.
2,559 Articles
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…
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…