Author: Harold Hongju KohPublisher: Yale University Press
ISBN: 9780300044935
Category : Political Science
Languages : en
Pages : 356
Book Description
Discusses the Iran-Contra affair and its implications.
The National Security Constitution
Author: Harold Hongju KohPublisher: Yale University Press
ISBN: 9780300044935
Category : Political Science
Languages : en
Pages : 356
Book Description
Discusses the Iran-Contra affair and its implications.
National Security Law and the Constitution
Author: Geoffrey S. CornPublisher: Aspen Publishing
ISBN: 1543823416
Category : Political Science
Languages : en
Pages : 1032
Book Description
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
Terrorism and the Constitution
Author: David ColePublisher: ReadHowYouWant.com
ISBN: 1458788199
Category : Political Science
Languages : en
Pages : 450
Book Description
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.
National Security Law and the Power of the Purse
Author: William C. BanksPublisher: Oxford University Press, USA
ISBN: 0195085388
Category : Budget
Languages : en
Pages : 278
Book Description
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.
Terrorism and the Constitution
Author: David ColePublisher: The New Press
ISBN: 1565849396
Category : Political Science
Languages : en
Pages : 322
Book Description
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.
The Age of Deference
Author: David RudenstinePublisher: Oxford University Press
ISBN: 0199381488
Category : Law
Languages : en
Pages : 345
Book Description
The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
The Constitution and National Security
Author: Howard E. ShumanPublisher:
ISBN:
Category : National security
Languages : en
Pages : 378
Book Description
This book contains papers from a conference on the U.S. Constitution and national security that was held by the National Defense University. Part I, Dividing Constitutional Powers, contains "White House Decisionmaking," by Paul Anderson; "The Intellectual Legacy of Our Constitution," by Gregory D. Foster; "Foreign Policy and Congressional Presidential Relations," by Robert Jervis; "National Security -- Shared and Divided Powers," by Howard E. Shuman; "The Power of the Purse," by Robert F. Turner; and "The Constitution, Congressional Government, and the Imperial Republic," by Robert S. Wood. Part II, The Evolution of the Presidency, contains "Presidential Powers and National Security," by Larry Berman; "Can the President Lead?," by George C. Edwards, III; "Executive Prerogatives, the Constitution, and National Security," by Joseph E. Goldberg; "Presidential Transitions and National Security Issues," by James P. Pfiffner; "Congress, National Security, and the Rise of the Presidential Branch," by Nelson W. Polsby; and "Institutionalization, Deinstitutionalization, and Leadership," by Bert A. Rockman. Part III, The Constitution and Foreign Policy, contains "The War Powers Resolution," by John C. Culver; "The Legitimacy of the Congressional National Security Role," by Louis Fisher; "Foreign Policy and the Economic World Order of the 1990s," by Gerald Garvey; "Nuclear Defense Policy: The Constitutional Framework," by Louis Henkin; "The War Powers Resolution: Congress versus the President," by Morris S. Ogul; "National Security and the United States Judiciary," by C. Herman Pritchett; "The Constitutionality of Strategic Planning," by George H. Quester; and "Legal Lessons in National Security," by Edwin Timbers.
The Cambridge Companion to the United States Constitution
Author: Karen OrrenPublisher: Cambridge University Press
ISBN: 1107094666
Category : Law
Languages : en
Pages : 519
Book Description
Offers an accessible, interdisciplinary, and historically informed introduction to the study of American constitutionalism.
The National Security Constitution in the Twenty-First Century
Author: Harold Hongju KohPublisher: Yale University Press
ISBN: 0300277466
Category : Political Science
Languages : en
Pages : 586
Book Description
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.
National Security and Double Government
Author: Michael J. GlennonPublisher: Oxford University Press
ISBN: 0190668474
Category : Law
Languages : en
Pages : 306
Book Description
Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.