Constitution
690 Articles

The House Intelligence Committee’s Section 702 Bill is a Wolf in Sheep’s Clothing
Image: Acting FBI Director Andrew McCabe, Deputy AG Rod Rosenstein, DNI Daniel Coats, and NSA Director Adm. Michael Rogers testify before the Senate Intelligence Committee on the…

Warrantless Border Searches: The officer ‘searched through every email and intimate photos of my wife’
A U.S. Border Patrol agent stops traffic as immigrants are deported across an international bridge into Mexico on March 14, 2017 from Hidalgo, Texas. (John Moore/Getty Images)…

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Dec 15-22)
Image: President Trump’s personal attorney Michael Cohen after finding out the Senate Intelligence Committee hearing at which he was to appear was canceled, on September…

Episode 50 of the National Security Law Podcast: The Big Chill
Are your other podcasts letting you down by taking a holiday break? Never fear, National Security Law Podcast is here! With two hosts who would much rather be podcasting than…

The Supreme Court Should Heed Friendly Advice on Microsoft Ireland
President Trump meets with Apple CEO Tim Cook, Microsoft CEO Satya Nadella, and Amazon CEO Jeff Bezos in the State Dining Room of the White House June 19, 2017 in Washington, DC.…

U.S. “Confronting” Iran inside Syria: Spoiling for an Unlawful Fight?
Russian President Vladimir Putin and Iranian President Hassan Rouhani meet during the BRICS/SCO Summits – Russia 2015 on July 09, 2015 in Ufa, Russia. (Photo by Alexey Filippov/Host…

Faith Based Leaders’ Letter to Trump: Anti-Muslim Tweets Threaten the First Amendment
Readers of Just Security may find of interest the letter that my colleagues and I at Georgetown Law’s Institute for Constitutional Advocacy and Protection sent today…

The House Intelligence Committee’s Section 702 Markup Was a Politicized Debacle
On Dec. 1, 2017, the House Intelligence Committee took the unusual step of holding an open markup of its bill to reauthorize Section 702 of the Foreign Intelligence Surveillance…

Why Microsoft Challenged the Right Law: A Response to Orin Kerr
This coming spring, the Supreme Court will hear arguments in the United States v. Microsoft – a case that will determine the authority of U.S. law enforcement to compel, via…

Hayden, NSA, and the Road to 9/11
Retired Gen. Michael Hayden, former director of the NSA and CIA (and now, a national security analyst at CNN), has recently emerged as a leading critic of the Trump administration,…

Warrantless Backdoor Searches are Not “Business as Usual”
This week, Just Security ran two posts, one by Matt Olsen and one by Asha Rangappa, defending the government’s warrantless access to Americans’ communications obtained “incidentally”…

The Supreme Court May Be Ready to Further Limit Warrantless Access to Communications
Yesterday, the Supreme Court heard oral argument in Carpenter v. United States, a case involving the privacy of cell phone location information. At issue is whether the government…