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The National Security Constitution
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Book Synopsis National Security Law and the Constitution by : Geoffrey S. Corn
Download or read book National Security Law and the Constitution written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering
Book Synopsis National Security Law and the Power of the Purse by : William C. Banks
Download or read book National Security Law and the Power of the Purse written by William C. Banks and published by Oxford University Press, USA. This book was released on 1994 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This power, by necessity and preference, has become the central congressional tool for participating in national security policy. Inevitably attacks on policy are transformed into attacks on the making and effects of appropriations.
Book Synopsis Terrorism and the Constitution by : David Cole
Download or read book Terrorism and the Constitution written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-09 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Book Synopsis The National Security Constitution in the Twenty-First Century by : Harold Hongju Koh
Download or read book The National Security Constitution in the Twenty-First Century written by Harold Hongju Koh and published by Yale University Press. This book was released on 2024-06-25 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: A deeply researched, fully updated edition of The National Security Constitution that explores the growing imbalance of institutional powers in American foreign affairs and national security policy Since the beginning of the American Republic, a package of norms has evolved in the U.S. Constitution to protect the operation of checks and balances in national security policy. This “National Security Constitution” promotes shared powers and balanced institutional participation in foreign policymaking. Today it is under attack from a competing claim of executive unilateralism generated by recurrent patterns of presidential activism, congressional passivity, and judicial tolerance. This dynamic has pushed presidents of both parties to press the limits of law in foreign affairs. In his award-winning National Security Constitution (1990), Harold Hongju Koh traced the evolution of this constitutional struggle across America’s history. This new book, based on the earlier volume but with roughly 70 percent new material, brings the story to the present, placing recent events into constitutional perspective. Reviewing the presidencies of the twenty-first century, he explains why modern national security threats have given presidents of both parties incentives to monopolize foreign policy decision-making, Congress incentives to defer, and the courts reasons to rubber-stamp. Koh suggests both a workable strategy and crucial prescriptions to restore the balance of our constitutional order in addressing modern global crises.
Book Synopsis Terrorism and the Constitution by : James X. Dempsey
Download or read book Terrorism and the Constitution written by James X. Dempsey and published by . This book was released on 2002 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the United States should not sacrifice civil liberties in an attempt to increase national security and discusses the impact of the 1996 Antiterrorism Act and the 2001 Patriot Act on a free society.
Book Synopsis The National Security Constitution by : Harold Hongju Koh
Download or read book The National Security Constitution written by Harold Hongju Koh and published by Yale University Press. This book was released on 1990-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the Iran-Contra affair and its implications.
Book Synopsis The National Security Constitution by : Harold Hongju Koh
Download or read book The National Security Constitution written by Harold Hongju Koh and published by . This book was released on 1990 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Was the Iran-Contra affair caused by executive lawlessness or legislative folly? Or did it result instead from structural defects in our national security decision-making system? In this important new book, Harold Koh argues that the affair was not aberrational but symptomatic of a chronic dysfunction in America's foreign policy process. Combining practical knowledge of government with insights from law, history, and political science, Koh presents the definitive historical and constitutional analysis of the Iran-Contra affair, the subsequent investigations, and the trial of Oliver North. He then discusses the implications of the Iran-Contra scandal for the constitutional conduct of national security policy and offers prescriptions to improve this decision-making system. Koh contends that the Iran-Contra affair arose not from Watergate, as many have claimed, but from Vietnam, for it was only the latest episode in a series of foreign policy decisions made by unrestrained executive discretion. Koh shows that throughout its history America has operated under a 'National Security Constitution, ' a constitutionally defined national security process that views that administration of foreign affairs as a power shared by the president, Congress, and the courts. Yet the executive branch has increased its role in making foreign policy at the expense of the other branches, placing in jeopardy this vision of constitutional balance. Koh advocates a national security charter to reform the foreign policy-making process and offers innovative proposals about war powers, international agreements, emergency economic powers, intelligence oversight, and information control. His proposals would restrain the executive and restore and reinvigorate the constitutional roles of Congress and the federal judiciary in national security decision-making. This challenging book forces government decision-makers, scholars, and concerned citizens to reexamine the process by which the United States will conduct its foreign affairs into the next century.
Book Synopsis The Age of Deference by : David Rudenstine
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Rudenstine's [book] traces the [Supreme] Court's role in the rise of judicial deference to executive power since the end of World War II. He [posits that], in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary"--
Book Synopsis National Security and Double Government by : Michael J. Glennon
Download or read book National Security and Double Government written by Michael J. Glennon and published by Oxford University Press, USA. This book was released on 2015 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has U.S. national security policy scarcely changed from the Bush to the Obama administration? And why does it matter? The theory of 'double government' posed by the 19th century English scholar Walter Bagehot suggests a disquieting answer. The public is encouraged to believe that the presidency, Congress, and the courts make security policy. That belief sustains these institutions' legitimacy. Yet their authority is largely illusory. National security policy is made, instead, by a 'Trumanite network' of several hundred members that is largely concealed from public view.
Book Synopsis The Cambridge Companion to the United States Constitution by : Karen Orren
Download or read book The Cambridge Companion to the United States Constitution written by Karen Orren and published by Cambridge University Press. This book was released on 2018-03-22 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
Book Synopsis Necessary Secrets: National Security, the Media, and the Rule of Law by : Gabriel Schoenfeld
Download or read book Necessary Secrets: National Security, the Media, and the Rule of Law written by Gabriel Schoenfeld and published by W. W. Norton & Company. This book was released on 2011-05-23 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.
Book Synopsis National Security Issues in Science, Law, and Technology by : Thomas A. Johnson
Download or read book National Security Issues in Science, Law, and Technology written by Thomas A. Johnson and published by CRC Press. This book was released on 2007-04-16 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the best scientific decision-making practices, this book introduces the concept of risk management and its application in the structure of national security decisions. It examines the acquisition and utilization of all-source intelligence and addresses reaction and prevention strategies applicable to chemical, biological, and nuclear weapons; agricultural terrorism; cyberterrorism; and other potential threats to our critical infrastructure. It discusses legal issues and illustrates the dispassionate analysis of our intelligence, law enforcement, and military operations and actions. The book also considers the redirection of our national research and laboratory system to investigate weapons we have yet to confront.
Book Synopsis Terrorism and the Constitution by : David Cole
Download or read book Terrorism and the Constitution written by David Cole and published by The New Press. This book was released on 2006 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Book Synopsis The U.S. Intelligence Community Law Sourcebook by :
Download or read book The U.S. Intelligence Community Law Sourcebook written by and published by American Bar Association. This book was released on 2011 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Aspen Treatise for National Security Law by : Geoffrey S. Corn
Download or read book Aspen Treatise for National Security Law written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2019-05-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique new concise treatise provides a highly accessible but also comprehensive and timely supplement for students studying National Security Law. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market. Key Features Comprehensive overview of both the general legal framework for national security decision-making and commonly explored specific national security topics. Narrative explanation of complex jurisprudential, statutory, treaty, and regulatory sources of national security law. Complements a range of the most commonly addressed national security topics.
Book Synopsis In the Common Defense by : James E. Baker
Download or read book In the Common Defense written by James E. Baker and published by Cambridge University Press. This book was released on 2007-05-21 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.
Book Synopsis The Constitution and National Security by : Howard E. Shuman
Download or read book The Constitution and National Security written by Howard E. Shuman and published by The Minerva Group, Inc.. This book was released on 2002-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The founders of our republic were determined to establish a government that protected the rights of the individual within a free society, a system that improved upon European designs. Newly independent, the Americans formed a government under the Articles of Confederation. As a loose confederation of states, however, the growing nation had a weak national voice and little international status. After only ten years under this system, the states recognized the need for more national power and drafted the U. S. Constitution.The goal, again, was to protect the individual's natural rights through the creation of an energetic national government. Thus the U. S. Constitution was written, with compromises, and submitted to the people for their ratification. After vigorous public debate, this document became the fundamental law of the land.The Constitution has endured with few additional amendments for more than two centuries - but not without continuing debate. In this newest contribution to the writings of constitutional scholars, papers address the President's war powers, the role of Congress in foreign policy, and other questions of interpreting the Constitution in the modern era. These current issues have at their core the same fundamental questions that animated debate during the Constitutional Convention in 1787: how best to protect society while guarding the rights of the individual, how best to give sufficient power to the executive while guarding against abuse of power. But even as we debate, we celebrate our Constitution, a document forged of ingrained American beliefs that our republic can be secured and the rights of the individual safeguarded. Vice Admiral J. A. Baldwin, United States Navy President, National Defense University
