The National Security Constitution in the Twenty-First Century
The National Security Constitution in the Twenty-First Century

Author: Harold Hongju Koh

Publisher: Yale University Press

Published: 2024-06-25

Total Pages: 586

ISBN-13: 0300277466

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A deeply researched, fully updated edition of The National Security Constitution that explores the growing imbalance of institutional powers in American foreign affairs and national security policy Since the beginning of the American Republic, a package of norms has evolved in the U.S. Constitution to protect the operation of checks and balances in national security policy. This “National Security Constitution” promotes shared powers and balanced institutional participation in foreign policymaking. Today it is under attack from a competing claim of executive unilateralism generated by recurrent patterns of presidential activism, congressional passivity, and judicial tolerance. This dynamic has pushed presidents of both parties to press the limits of law in foreign affairs. In his award-winning National Security Constitution (1990), Harold Hongju Koh traced the evolution of this constitutional struggle across America’s history. This new book, based on the earlier volume but with roughly 70 percent new material, brings the story to the present, placing recent events into constitutional perspective. Reviewing the presidencies of the twenty-first century, he explains why modern national security threats have given presidents of both parties incentives to monopolize foreign policy decision-making, Congress incentives to defer, and the courts reasons to rubber-stamp. Koh suggests both a workable strategy and crucial prescriptions to restore the balance of our constitutional order in addressing modern global crises.

Road Map for National Security
Road Map for National Security

Author: United States Commission on National Security/21st Century

Publisher: Kallisti Publishing

Published: 2001

Total Pages: 158

ISBN-13: 0967851432

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"After our examination of the new strategic environment of the next quarter century (Phase I) and of a strategy to address it (Phase II), this Commission concludes that significant changes must be made in the structures and processes of the U.S. national security apparatus. Our institutional base is in decline and must be rebuilt. Otherwise, the United States risks losing its global influence and critical leadership role. We offer recommendations for organizational change in five key areas: ensuring the security of the American homeland; recapitalizing America's strengths in science and education; redesigning key institutions of the Executive Branch; overhauling the U.S. government's military and civilian personnel systems; and reorganizing Congress's role in national security affairs"--P. xiii.

The National Security Constitution in the Twenty-First Century
The National Security Constitution in the Twenty-First Century

Author: Harold Hongju Koh

Publisher: Yale University Press

Published: 2024-06-25

Total Pages: 495

ISBN-13: 0300253109

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A deeply researched, fully updated edition of The National Security Constitution that explores the growing imbalance of institutional powers in American foreign affairs and national security policy Since the beginning of the American Republic, a package of norms has evolved in the U.S. Constitution to protect the operation of checks and balances in national security policy. This "National Security Constitution" promotes shared powers and balanced institutional participation in foreign policymaking. Today it is under attack from a competing claim of executive unilateralism generated by recurrent patterns of presidential activism, congressional passivity, and judicial tolerance. This dynamic has pushed presidents of both parties to press the limits of law in foreign affairs. In his award-winning National Security Constitution (1990), Harold Hongju Koh traced the evolution of this constitutional struggle across America's history. This new book, based on the earlier volume but with roughly 70 percent new material, brings the story to the present, placing recent events into constitutional perspective. Reviewing the presidencies of the twenty-first century, he explains why modern national security threats have given presidents of both parties incentives to monopolize foreign policy decision-making, Congress incentives to defer, and the courts reasons to rubber-stamp. Koh suggests both a workable strategy and crucial prescriptions to restore the balance of our constitutional order in addressing modern global crises.

The National Security Constitution
The National Security Constitution

Author: Harold Hongju Koh

Publisher:

Published: 1990

Total Pages: 336

ISBN-13: 9780300157734

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Was the Iran-Contra affair caused by executive lawlessness or legislative folly? Or did it result instead from structural defects in our national security decision-making system? In this important new book, Harold Koh argues that the affair was not aberrational but symptomatic of a chronic dysfunction in America's foreign policy process. Combining practical knowledge of government with insights from law, history, and political science, Koh presents the definitive historical and constitutional analysis of the Iran-Contra affair, the subsequent investigations, and the trial of Oliver North. He then discusses the implications of the Iran-Contra scandal for the constitutional conduct of national security policy and offers prescriptions to improve this decision-making system. Koh contends that the Iran-Contra affair arose not from Watergate, as many have claimed, but from Vietnam, for it was only the latest episode in a series of foreign policy decisions made by unrestrained executive discretion. Koh shows that throughout its history America has operated under a 'National Security Constitution, ' a constitutionally defined national security process that views that administration of foreign affairs as a power shared by the president, Congress, and the courts. Yet the executive branch has increased its role in making foreign policy at the expense of the other branches, placing in jeopardy this vision of constitutional balance. Koh advocates a national security charter to reform the foreign policy-making process and offers innovative proposals about war powers, international agreements, emergency economic powers, intelligence oversight, and information control. His proposals would restrain the executive and restore and reinvigorate the constitutional roles of Congress and the federal judiciary in national security decision-making. This challenging book forces government decision-makers, scholars, and concerned citizens to reexamine the process by which the United States will conduct its foreign affairs into the next century.

U.S. Domestic and National Security Agendas
U.S. Domestic and National Security Agendas

Author: Sam C. Sarkesian

Publisher: Praeger

Published: 1994-02-23

Total Pages: 280

ISBN-13:

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This book is a critical analysis of the issues and problems in the U.S. domestic arena and how these affect and interplay with the formulation and implementation of U.S. national security. The threats and challenges of the external environment are examined and analyzed with respect to their impact on the domestic political-social environment. Special attention is placed on the national security establishment. The result is a book that identifies major linkages between the domestic and national security agendas, showing how these agendas affect each other, and what such linkages mean in terms of national security policy and the ability of the United States to design and implement a national security policy that will be appropriate for the 21st century.

National Security Law and the Constitution
National Security Law and the Constitution

Author: Geoffrey S. Corn

Publisher: Aspen Publishing

Published: 2020-09-03

Total Pages: 1032

ISBN-13: 1543810713

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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

American National Security and Civil Liberties in an Era of Terrorism
American National Security and Civil Liberties in an Era of Terrorism

Author: D. Cohen

Publisher: Springer

Published: 2004-04-16

Total Pages: 257

ISBN-13: 1403981213

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In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political philosophy: the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the Twenty-first-century.

Long Wars and the Constitution
Long Wars and the Constitution

Author: Stephen M. Griffin

Publisher: Harvard University Press

Published: 2013-06-01

Total Pages: 375

ISBN-13: 0674074459

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Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.

Terror and Consent
Terror and Consent

Author: Philip Bobbitt

Publisher: Penguin UK

Published: 2013-04-04

Total Pages: 1019

ISBN-13: 0141916826

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The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.