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 soldiers in Bradley tanks carrying American flags patrol an area near Syria's northeastern Semalka border crossing with Iraq's Kurdish autonomous territory, on January 12, 2021.

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.
The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

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…
A jacket is draped over an empty chair at a desk with a gavel and lamp. A flag stands in a corner.

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…
A satellite image of the site of the Feb 2021 US airstrike in Syria.

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?
People walk down a flooded street as they evacuate their homes after the area was inundated with flooding from Hurricane Harvey on August 28, 2017 in Houston, Texas. A number of people use rowboats and small motorized boats as well. The flooding appears to be up to people’s waists in some areas of the street and to their knees in the more shallow areas.

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…
Secretary of Defense Donald Rumsfeld is seen on a television monitor as he testifies before the bipartisan September 11 commission, formally known as the National Commission on Terrorist Attacks Upon The U.S., on Capitol Hill March 23, 2004 in Washington, DC. Photographers can be seen kneeling on the floor with cameras and officials sit at tables around the room.

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.
Voters cast their ballots at a Masonic Lodge on June 5, 2018 in Los Angeles, California. The voting booths are simple tables with privacy barriers and are connected by wires with lights for each one.

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.
Nobel peace laureate Leymah Gbowee, head of the Women in Peacebuilding Network (WIPNET), stands in front of a sign calling for peaceful elections in Monrovia on October 5, 2017. The sign reads, Don’t Touch Our Peace.”

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.
Side-by-side photos of Biden and Trump

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…
White House Counsel Don McGahn stands behind Trump during a cabinet meeting in the Cabinet Room at the White House October 17, 2018 in Washington, DC.

Unpacking Biden Administration vs. Congressional Tension in the McGahn Case

Awkward transitions to “unified government” and what it portends.
A member of the Syrian Civil Defence (The White Helmet) checks the rubble and debris at a medical centre following reported shelling by the Syrian government, in the Syrian town of Hbeit in the southern countryside of the rebel-held Idlib province on April 30, 2019.

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.
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