National Security Law and the Constitution [Connected eBook]

by Corn, Geoffrey S.; Gurulé, Jimmy; Kahn, Jeffrey D.; Corn, Gary; Gaudion, Amy C.

• ISBN13: 9798889066064
• ISBN10: 8889066067
• eBook ISBN(s): 9798889066071
• Edition: 3rd
• Format: Hardcover
• Copyright: 2025-02-21
• Publisher: Aspen Publishing
• More Book Details

Summary

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including academic lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

This casebook provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and explores the multiple dimensions of that conflict. The third 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 course, as well as for use in advanced international relations and national security policy courses.

New to the Third Edition:

• New author Amy C. Gaudion, current co-chair of the AALS Section on National Security Law
• New chapter, “The Role of Law, Lawyers, and Institutions in the National Security Decision-Making Process”— an excellent starting point for raising all students, regardless of experience or prior knowledge, to a basic understanding of core institutions and roles for lawyers in this space before introducing the doctrinal issues addressed in subsequent chapters
• Reorganization, including two revised and updated chapters that focus on government responses to domestic emergencies and the domestic use of the military
• New cases, including:
  • Trump v. United States, 603 U.S. ___ (2024)
  • Federal Bureau of Investigation v. Fazaga, 595 U.S. ___ (2022)
  • United States v. Zubaydah, 142 S. Ct. 959 (2022)
  • Van Buren v. United States, 593 U.S. 374 (2021)
  • Trump v. Hawaii, 138 S.Ct. 2392 (2018)
  • Kleindienst v. Mandel, 408 U.S. 753 (1972)
  • Stanley v. Georgia, 394 U.S. 557 (1969)
  • Lamont v. Postmaster General, 381 U.S. 301 (1965)
• Streamlined chapters to enhance student accessibility—the book has been shortened by 10%, and chapters (averaging 50 pages each) are geared for challenging but manageable weekly reading assignments
• Carefully edited cases to emphasize key principles
• Revised and updated discussion questions

​Benefits for instructors and students:

• 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.
• A text structure generally aligned to fit a three-hour, one-semester course offering.
• 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.
• Practice experience from authors’ diverse institutions (including the military, cybercommand, treasury, and justice departments) and research specialties, reflecting their different perspectives on national security law.

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