Congress
691 Articles

Finally Ending America’s Forever War, Part I: Diagnosis
On the 22nd anniversary of 9/11, leading legal scholar Harold Hongju Koh offers a grim diagnosis of how we got here and the challenges ahead.

How to Get Away With Crimes Against Humanity: The Statutory Gap in US Law
Congress can bring justice for victims of crimes against humanity by passing a statute with universal jurisdiction.

Renewed Tensions in the Persian Gulf: Further War Powers Lessons from the Tanker War
The possibility of unilateral use of force spiraling into conflict in the Middle East should generate a sense of urgency on Capitol Hill for tackling war powers reform.

The House Tackles Zombie War Authorizations: Possibilities and Perils
Congress is trying to reassert itself after more than two decades of acquiescence to executive branch overreach on matters of war and peace.

John Roberts Takes Control on Voting Rights
Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…

Deterrence Lawfare to Save Taiwan
Recognition would be a powerful diplomatic weapon for the US should China abandon a peaceful means to resolve the island's governance.

Missed Opportunities in House FY24 NDAA for Human Rights Progress in U.S. Security Assistance
The House of Representatives' FY24 NDAA missed the mark in strengthening arms transfer law, which is currently opaque and outdated.

The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless “Foreign Intelligence” Queries
A cramped approach to protecting Americans’ privacy would be a mistake, both as a legal matter and a practical one.

The House Closed a Key Loophole in Court-Martial Appeals. Will the Senate Follow?
The Senate should support the draft NDAA section that finally drops unfair limitations on GI access to the United States' highest court.

A Close and Critical Look at the ‘Five Things’ the ACLU Says You Need to Know About ‘NSA Mass Surveillance’
The most compelling national security question this year is whether Congress will reauthorize Section 702 and, if so, what form that reauthorization will take.

The Perils and Promise of AI Regulation
With the launch of ChatGPT late last year, Congress is racing to catch up to the great promise and peril presented by the rapid deployment of artificial intelligence (AI). Just…

Civilian Protection Gains Stagnate in FY24 House NDAA
As the Senate considers the NDAA, U.S. policymakers should rally around the passed House amendments poised to make progress for civilians.