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.
2,444 Articles

Debate (Round 2): A Reply to Rona and Jinks
This post is one in a series from Gabor Rona, Geoffrey Corn, and Just Security’s Derek Jinks. The debate addresses a fundamental question for US national security law: What…

Debate (Round 2): A Reply to Corn and Jinks
This post is one in a series from Gabor Rona, Geoffrey Corn, and Just Security’s Derek Jinks. The debate addresses a fundamental question for US national security law: What…

Intelligence Oversight and Surveillance Act — Language Now Available
Yesterday, I wrote about the proposed Intelligence Oversight and Surveillance Reform Act. The language of the proposed bill is not yet available on the Library of Congress’…

Debate (Round 1): Against the Notion of Competing Legal Frameworks in the “War on Terror”
This post is the third in a series from Gabor Rona, Geoffrey Corn, and Just Security’s Derek Jinks. The debate addresses a fundamental question for US national security law:…

Debate (Round 1): The Military Component of Counter-Terror Operations
This post is the second in a series from Gabor Rona, Geoffrey Corn, and Just Security’s Derek Jinks. The debate addresses a fundamental question for US national security…

Debate (Round 1): The ‘Lutte’ Against Terrorism
This post is the first in a series from Gabor Rona, Geoffrey Corn, and Just Security’s Derek Jinks. The debate addresses a fundamental question for US national security law:…

Reforming FISA: A Critical Look at the Wyden/Udall Proposal and Foreign Surveillance
A new bipartisan bill co-sponsored by two of the most vocal critics of the NSA does not go far enough to protect the average non-U.S. person from indiscriminate surveillance. …

The Coming Political Realignment?
For a summer full of remarkable moments in U.S. national security law and policy, one of the most unusual came on July 24, when an amendment to effectively de-fund the NSA’s…

The Other, Lurking Constitutional Question in al-Bahlul
I would add only one thing to Jen’s thorough summary of the al-Bahlul argument next Monday, about something she references at the very end of her post: Besides ex post…

Why David Miranda’s Case Is Harder Than It Looks
The detention of David Miranda, the partner of Guardian newspaper journalist Glenn Greenwald, has sparked widespread controversy and international press coverage (including the…

Syria and the Law of Humanitarian Intervention (Part I: Political Miscues and U.S. Law)
Crises are lived forward but understood backwards. While it is still too early to know how the Syria crisis of 2013 will end, we can start evaluating what precedents of law and…

Are Journalists in Danger of Prosecution for Espionage?
Following up on Steve’s post, and in timely anticipation of Just Security’s event this afternoon, I was struck by Gabriel Schoenfeld’s somewhat fevered suggestion that the…