The National Security Constitution


Book Description

Discusses the Iran-Contra affair and its implications.




Terrorism and the Constitution


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 Cambridge Companion to the United States Constitution


Book Description

Offers an accessible, interdisciplinary, and historically informed introduction to the study of American constitutionalism.




National Security Law and the Constitution


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 Constitutionprovides 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


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 NSA Report


Book Description

The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.




National Security Law and the Power of the Purse


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.




The Constitution and National Security


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.







Nothing to Hide


Book Description

"If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy"--Jacket.