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.
2,549 Articles

Just Security Obtains Overseas Troop Counts That the Pentagon Concealed from the Public
Through FOIA litigation, Just Security obtained records that provide a fuller picture of U.S. troop commitments in Afghanistan, Iraq, and Syria over the last three years.

Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo
Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…

The Next Judge: US Court of Appeals for the Armed Forces’ Looming Vacancy
In 2011, I wrote an essay for the Journal of National Security Law and Policy titled, “The Next Judge.” Here’s the introduction: The filling of a judicial vacancy provides…

Legal Questions (and Some Answers) Concerning the U.S. Military Strike in Syria
Unpacking the right of self-defense under international law when it comes to use of force in response to a series of attacks.

KBR v. SFO: the United Kingdom’s Microsoft Ireland?
U.K. law enforcement agencies lack power to compel foreign companies to hand over overseas data. What does the decision mean for data sharing?

Is Climate Change a National Emergency?
Declaring a national climate emergency would convey a powerful signal from the White House about the urgency of the climate crisis —while also activating several legal authorities…

How a January 6 Commission Can Succeed: What Empirical Research Tells Us
Research on more than 50 independent commissions sheds light on optimal design for commission, selection of its commissioners, and their work ahead.

Outlaw Participation in Foreign Attacks on U.S. Elections
Attacks on U.S. elections will become a dangerous new normal if Congress does not make it a crime.

Biden Needs a Foreign Policy Focused on Sustainable Peace
War and weapons cannot solve today’s most urgent challenges. They require peacebuilding, diplomacy, and conflict-sensitive development.

Trump’s War Powers Legacy and Questions for Biden
Will Biden rein in near-limitless claims of presidential authority to use force without congressional authorization and commit to restoring the balance of war powers between the…

Unpacking Biden Administration vs. Congressional Tension in the McGahn Case
Awkward transitions to “unified government” and what it portends.

How the Biden Administration Can Better Protect Health Care in War
The health consequences of violence against hospitals, clinics, ambulances, health workers, and patients in war have become ever more evident in conflicts throughout the world.