National Security Law And The Constitution

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

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.

Discusses the Iran-Contra affair and its implications.

"Casebook for courses on National Security Law"--

For the last 30 years, National Security Law has helped create and shape an entire new field of law. It has been adopted for classroom use at most American law schools, all of the military academies, and many non-law graduate programs. The Seventh Edition of this leading casebook provides an up-to-date, user-friendly survey of this extremely dynamic field. Relying heavily on original materials and provocative notes and questions, this book encourages students to play the roles of national security professionals, politicians, judges, and ordinary citizens. And by showing the development of doctrine in historical context, it urges them to see their responsibility as lawyers to help keep us safe and free. Like earlier editions, the new book deals with basic separation-of-powers principles, the interaction of U.S. and international law, the use of military force, intelligence, detention, criminal prosecution, homeland security, and national security information — more than enough to provide teachers with a rich menu of readings for classes. New to the Seventh Edition: Latest developments on U.S. military involvement in Syria and Iran President Trump’s Border Wall and appropriations power Carpenter v. U.S. and recent FISA developments and FISC decisions Trump travel ban “Defending forward” in cyberspace New chapter on nuclear war Professors and students will benefit from: Carefully curated and edited original materials Extensive notes and questions to fill in the blanks Read-ins and chapter summaries to provide perspective Frequent references to historical and political context

National Security Law: Principles and Policy, Third Edition provides a highly accessible but also comprehensive and timely supplement for students studying national security law. This concise treatise is a guide to the legal foundations and architecture that frame the exercise of key national security powers: diplomatic, intelligence, information, military, economic, and criminal. The authors explain essential legal and policy sources and principles that play an essential role in guiding the development, implementation, and review of national security policies. Central to the text is explanation of constitutional text, judicial opinions, statutes, treaties and other sources of international law, and policies. 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. New to the Third Edition: The January 6, 2021 occupation of the U.S. Capitol New developments in executive power, cybersecurity, and artificial intelligence Benefits for instructors and students: 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 Chapters suitable as stand-alone sources for class assignments, allowing professors to substitute treatise-type treatment for primary sources where desired Incorporation of contemporary national security issues, to provide comprehensive illustrations of key laws and concepts A solid foundation for students, to facilitate focusing topical coverage on case studies and/or current events An easily accessible resource to efficiently enhance understanding of complex national security law topics Extensive use of historic examples of the impact of national security law and policy on actual national security decisions Reinforcement of the understanding of core law competencies such as federalism, separation of powers, justiciability, criminal procedures, criminal law, and statutory interpretation

This timely casebook provides a complete exploration of both constitutional and domestic law issues of national security, blended with cases, notes, questions, and original materials. The best-selling casebook in the field, National Security Law, Third Edition, Is both current and comprehensive. Some of the effective features that earned the book its leading position include: a cohesive thematic framework that examines policy And The consequences surrounding American use of force, intelligence operations, and counterterrorism efforts rich primary materials, such as judicial opinions, executive correspondence, statutes, and legislative history penetrating hypothetical questions that prompt analysis of the actual issues faced by national security professionals plentiful descriptive text to supply context and informative historical and background materials Material in the Third Edition is especially important in light of current national security issues: Part III, devoted to terrorism and transnational law enforcement, includes the original Osama bin Laden case, American-Arab Anti-Discrimination Committee v. Reno, and materials on consequence management extensive coverage throughout the book of the terrorist attacks of September 11, 2001 with legal analysis of U.S. And international responses U.S. military involvement in Columbia U.S. And NATO activity in Kosovo

Please Visit the Companion website: www.aspenlawschool.com/dycus_nationalsecurity4 For the broadest exploration of both constitutional and domestic law issues in national security, as well as thoughtful treatment of related international law topics

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.

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.