For anyone interested, I’ve posted to SSRN my draft article, forthcoming in the Yale Law Journal, titled “The Constitutional Power to Threaten War.”  I’m pasting below the introduction, and I plan to pos...

Jack's and Ashley’s analyses have covered the waterfront, so far as concerns the Kosovo precedent’s meaning (legal, moral and so forth) for a possible Syria intervention.

Our series on the NSA documents now being complete, I thought I would collect all of the posts together in one place. Here are the documents themselves.

The final document in the cache declassified by the Office of the Director of National Intelligence (ODNI) on Wednesday is the ninth joint compliance assessment conducted by the ODNI and the Department o...

Jack’s post makes the point that the Kosovo precedent won’t get the U.S. government very far if it is looking for a solid international legal precedent for intervention in Syria.  That seems absolutely r...

President Obama famously said in 2008 that the President lacks “power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminen...

A few weeks ago, Daniel Klaidman noted in the Daily Beast the existence of a White House memo outlining its proposal to close Guantanamo.

Two months ago, we ran a post explaining the NSA's minimization procedures based on a copy of the procedures (dating from June 2009) that had been leaked to the Guardian.

In her post from earlier today responding to yesterday's government disclosures, Carrie writes that "I hope it is clear that the critics of surveillance activities only see transparency as the first step...

Yesterday’s cache of declassified materials also sheds important light on the administration’s interactions with Congress over intelligence oversight---not just its interactions with the relevant intelli...

With the release of yesterday’s declassified FISA documents, the debate over whether the FISA Court is an effective check on government surveillance activities is over. Or at least it should be. Before ...