National Security Law and the Constitution

This new 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. Specifically, this first edition explores key points where constitutional law directs or restricts the development of national security policy, its implementation, and oversight. 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. The text offers students a comprehensive yet focused treatment of key national security law concepts. 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. The chapters also use text boxes to illustrate key principles with historical events, and to highlight important issues, rules, and principles closely related to the primary sources. Text is divided into five parts: The Constitutional Framework, War Powers and Military Force, Crime and National Security, Information and National Security, and Other National Security Responses