Congress
692 Articles
Thoughts on Zivotofsky, Part Three: The broad consensus on presidential and congressional foreign affairs authorities
The Justices were, of course, closely and sharply divided on the ultimate resolution of Zivotofsky (on which more shortly). One of the most striking things about the decision,…
Thoughts on Zivotofsky, Part Two: Whither Article III standing?
Why did Menachem Zivotofsky have Article III standing to sue? Will Baude raised that question a few weeks ago in the New York Times. In recent years the Court has insisted…
No Torture Means No Torture – Why We Need the McCain-Feinstein Anti-Torture Amendment
Do we mean what we say when we ban torture? That has been a question for more than a decade, ever since President George W. Bush, on United Nations International Day in Support…
Thoughts on Zivotofsky, Part One: How groundbreaking is it?
There’s already been a great deal of valuable online analysis of Monday’s decision in Zivotofsky v. Kerry, and there’s sure to be much more to follow. The…
The (Telephony) Matrix Reloaded
The Obama administration has sought to temporarily relaunch the NSA’s bulk telephone records collection program, which was wound down over recent weeks as its legal foundation,…
A New, and This Time Bipartisan, Proposal for an AUMF Against ISIL
As we highlighted last week, there has been recent movement in Congress to refocus on the need for an authorization for the use of military force (AUMF) against ISIL. Sen. Tim…
Will Assad Put Himself in US Crosshairs by Working With ISIL?
The news that Syrian troops are providing support to ISIL may add a dangerous new twist to the US campaign against the terrorist group and open up legal authority for the US to…
The Senate’s Guantánamo Bill: A Wolf in Sheep’s Clothing
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Need for a USA Freedom Technical Corrections Act
In a post on Thursday entitled “What Did the USA FREEDOM Act Actually Amend?,” Megan Graham of Just Security carefully described a huge problem with the USA FREEDOM Act, one…
A New Prospect for Congressional Debate on an AUMF Against ISIL?
This week has brought some interesting developments in Congress related to authorizations for the use of military force in the fight against ISIL. Most recently, Rep. James McGovern…
Text of the Senate Bill for Closing Guantánamo Plus White House’s Veto Recommendation
This week, the full Senate is considering the proposed Fiscal Year 2016 Defense Authorization bill, the text of which was very recently made public. While the bill covers billions…
What Did the USA Freedom Act Actually Amend?
There has been a lot of ink spilled here and elsewhere about the USA Freedom Act over the last several weeks. Its privacy protections. Its alterations to the government’s surveillance…