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.

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2,549 Articles
US Capitol building at night.

Putting AUMF Repeal Into Context

A detailed analysis of secret wars and why reforming the 2001 AUMF is hard but necessary.
Sen. Ron Johnson, R-Wis., talks with Sen. Mitt Romney, R-Utah, during a hearing with Zalmay Khalilzad, special envoy for Afghanistan Reconciliation, at the Senate Foreign Relations Committee on Capitol Hill on April 27, 2021 in Washington, DC. They do no wear face masks despite the pandemic.

Five Senators Threaten to Derail Repeal of 2002 AUMF: Why Their Timing and Claims Are Wrong

A dissection of the 5 Senators' letter to the Senate Foreign Relations Committee Chair.
A person types on a laptop. Translucent icons litter the image to represent cybersecurity.

Protect Communications Privacy for All of Us—Not Just Lawmakers and Reporters

It’s Time for Congress to Finish What It Started After the Snowden Revelations.
Supreme Court Building

The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality

In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time.…
A human rights activist, dressed to resemble the now famous Abu Ghraib prison photo depicting an Iraqi prisoner being tortured, stands on a street corner during rush hour in front of the US Department of Justice 22 February 2005 in Washington, DC.

How the Biden Administration Should Take Torture-Derived Evidence Off the Table

In a decent legal system, the government does not ask courts to admit evidence derived from torture, nor does it press other arguments that disregard the absolute prohibition on…
A flag waves in front of the U.S. Capitol building.

Biden’s Support of 2002 AUMF Repeal: The Start of a Long Overdue Conversation

On Monday, President Joe Biden, like President Obama two terms before him, officially embraced repeal of the outdated 2002 Authorization for Use of Military Force with a Statement…
An American flag hangs on a wall behind barbed wire.

State Secrets and the Torture of Abu Zubaydah

More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
The dome of the US Capitol Building against a blue sky.

The Internet of Things Moment: My Testimony Before the Senate Judiciary Subcommittee

I was asked to testify at a Senate hearing about home technologies and antitrust. The growth of the consumer-facing “Internet of Things” continues, and it has complicated,…
Noxious weeds grow around a Lake Mendocino boat ramp as the water level dropped to 29% capacity on June 2, 2021, near Ukiah, California.

A Pandemic Isn’t the Only Kind of “Catastrophic Risk.” It’s Time to Prepare More Seriously for the Next.

If any good is to come of this crisis, it must be an increased awareness of America’s vulnerability -- and what it takes to prepare.
An exterior view of the building of US Department of the Treasury is seen on March 27, 2020 in Washington, DC.(Photo by OLIVIER DOULIERY/AFP via Getty Images)

Sanctions Law Needs Reform, But How?

Determining how the International Emergency Economic Powers Act (IEEPA) can be improved while preserving its value as a flexible instrument of foreign policy is daunting.
FBI Director Christopher Wray testifies during a House Judiciary Committee oversight hearing on Capitol Hill June 10, 2021 in Washington, DC.

Questions for FBI Director Wray About the January 6 Attack

Former FBI General Counsel Andrew Weissmann and Ryan Goodman drafted 10 lines of inquiry for Wray in advance of Tuesday's hearing.
Jen Easterly, nominee to be the Director of the Homeland Security Cybersecurity and Infrastructure Security Agency, and Chris Inglis, nominee to be the National Cyber Director, testify during their confirmation hearing before the Senate Homeland Security and Governmental Affairs Committee on June 10, 2021 in Washington, DC.

Four Key Takeaways from the Senate’s Cybersecurity Confirmation Hearing

There were approximately 65,000 ransomware attacks last year in the United States, and that number doesn’t seem to be slowing down. Over the past few weeks, cybersecurity has…
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