National Security Law and the Constitution: [Connected eBook]

by Geoffrey S. Corn, Jimmy Gurulé, Jeffrey D. Kahn, Gary Corn

Overview

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

Product Details

ISBN-13:	9781543810714
Publisher:	Wolters Kluwer Law & Business
Publication date:	09/15/2020
Series:	Aspen Casebook Series
Edition description:	Second Edition
Pages:	1032
Product dimensions:	7.38(w) x 10.00(h) x (d)

Table of Contents

Summary of Contents

Contents 
Preface 
Acknowledgments 

PART I
THE CONSTITUTIONAL FRAMEWORK 
CHAPTER 1
An Introduction to the “National Security” Constitution 
CHAPTER 2
The Role of Law, Lawyers, and Institutions in the National Security Decision-Making Process 
CHAPTER 3
Lessons of History
CHAPTER 4
Governing Frictions 
CHAPTER 5
The President, Congress, and Shared National Security Powers 
CHAPTER 6
Responding to Domestic Emergencies 
CHAPTER 7
International Law and National Security

PART II
CRIME AND NATIONAL SECURITY 
CHAPTER 8
Criminal Investigations and National Security
CHAPTER 9
Prosecuting National Security Crimes 
CHAPTER 10
Preventive Detention 

PART III
THE LEGALITY OF USING MILITARY FORCE 
CHAPTER 11
Constitutional War Powers 
CHAPTER 12
International Law and the Use of Force 
CHAPTER 13
Domestic Use of the Armed Forces 

PART IV
INFORMATION AND NATIONAL SECURITY 
CHAPTER 14
Intelligence Exploitation 
CHAPTER 15
Protecting Sensitive Information 
CHAPTER 16
National Security and the Press 

PART V
SOFT POWER AND NATIONAL SECURITY 
CHAPTER 17
Economic Powers and National Security 
CHAPTER 18
National Security in the Digital Age

Table of Cases 
Table of Authorities 
Index