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 rise of international terrorism in today’s globalized world has focused attention on the degree to which international law should shape U.S. national security law and policy. This unique textbook of readings explores how international law relates to U.S. constitutional and statutory law in terms of the right to wage war, the law of armed conflict, combatant status, interrogation of detainees, military commissions, covert action, targeted killing, electronic surveillance, and cyber war. Each chapter is composed of a chronological set of core readings followed by a set of provocative questions, with commentary linking one reading to the next. Written in a lively and engaging manner, U.S. National Security Law makes challenging subject matter accessible for undergraduate students outside of a law school classroom.

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.

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

Security policy is a key factor not only of domestic politics in the U.S., but also of foreign relations and global security. This text sets to explain the process of security policy making in the United States by looking at all the elements that shape it, from institutions and legislation to policymakers themselves and historical precedents. To understand national security policy, the book first needs to address the way national security policy makers see the world. It shows that they generally see it in realist terms where the state is a single rational actor pursuing its national interest. It then focuses on how legislative authorities enable and constrain these policy makers before looking at the organizational context in which policies are made and implemented. This means examining the legal authorities that govern how the system functions, such as the Constitution and the National Security Act of 1947, as well as the various governmental institutions whose capabilities either limit or allow execution, such as the CIA, NSA, etc. Next, the text analyzes the processes and products of national security policy making, such as reports, showing how they differ from administration to administration. Lastly, a series of case studies illustrate the challenges of implementing and developing policy. These span the post-Cold war period to the present, and include the Panama crisis, Somalia, the Balkans Haiti, the Iraq wars, and Afghanistan. By combining both the theory and process, this textbook reveals all aspects of the making of national security policy in United States from agenda setting to the successes and failures of implementation.

This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

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

An essential responsibility of the U.S. Congress is holding the president accountable for the conduct of foreign policy. In this in-depth look at formal oversight hearings by the Senate Armed Services and Foreign Relations committees, Linda Fowler evaluates how the legislature's most visible and important watchdogs performed from the mid-twentieth century to the present. She finds a noticeable reduction in public and secret hearings since the mid-1990s and establishes that American foreign policy frequently violated basic conditions for democratic accountability. Committee scrutiny of the wars in Iraq and Afghanistan, she notes, fell below levels of oversight in prior major conflicts. Fowler attributes the drop in watchdog activity to growing disinterest among senators in committee work, biases among members who join the Armed Services and Foreign Relations committees, and motives that shield presidents, particularly Republicans, from public inquiry. Her detailed case studies of the Truman Doctrine, Vietnam War, Panama Canal Treaty, humanitarian mission in Somalia, and Iraq War illustrate the importance of oversight in generating the information citizens need to judge the president’s national security policies. She argues for a reassessment of congressional war powers and proposes reforms to encourage Senate watchdogs to improve public deliberation about decisions of war and peace. Watchdogs on the Hill investigates America’s national security oversight and its critical place in the review of congressional and presidential powers in foreign policy.

Published under the auspices of the School of International Studies, Jawaharlal Nehru University, New Delhi.