In the Common Defense National Security Law for Perilous Times

ISBN-10: 0521877636
ISBN-13: 9780521877633
Edition: 2007
Authors: James E. Baker
List price: $51.00 Buy it from $32.55
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Description: The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It  More...

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Book details

List price: $51.00
Copyright year: 2007
Publisher: Cambridge University Press
Publication date: 5/21/2007
Binding: Hardcover
Pages: 420
Size: 6.25" wide x 9.75" long x 1.00" tall
Weight: 1.584
Language: English

The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book is essential for anyone wanting a understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of todays threats and as applied to issues like rendition and electronic surveillance. Emphasis is placed on national security process and intelligence, as well as the role of the layer. Written in a style accessible to both the general reader and the specialist, the book offers an inside look at the practice of national security law from the perspective of the presidents national security lawyer.

Acknowledgments
Abbreviations
Introduction
Perilous Times: Describing the Threat
The Meaning of National Security
Invoking National Security
Defining National Security
Security, the Rule of Law, and Constitutional Values
Physical Security
Constitutional Values and the Rule of Law
National Security Law
Law and Security
Law and Leadership
Law and Liberty
Constitutional Framework
Separate and Shared Powers: Sources of Constitutional Law
Text
Statutory Gloss and Interpretation
Case Law
Courts and Constitutional Law
Legal Limits on the Exercise of Jurisdiction
Legal Policy and the Exercise of Jurisdiction
Institutional Limitations
Contextual Application of Law
Observations on the Practice of Constitutional Law
Practice as Precedent
Theory as Law
The Volume of Constitutional Decision
Institutional and Political Oversight
Formal and Informal Practice
A Few Good Men and Women
Electronic Surveillance: Constitutional Law Applied
Legal and Historical Background
The Foreign Intelligence Surveillance Act, as Amended
Warrantless Electronic Surveillance
Epilogue
National Security Process
Constitutional Framework and Overview
Executive Decision
Congress
The Media
Non-Governmental Organizations
Presidential Decision-Making
Formal Framework
National Security Council Staff
Informal and Ad Hoc Process
The Office of the Vice President
Appraisal
Intelligence
Bureaucratic and Legal Framework
Legal Framework
Congressional Oversight
National-Military Bifurcation
Intelligence Community
The Five Intelligence Functions
Collection
Analysis and Dissemination
Counterintelligence
Covert Action
Statutory Context
Executive Process and Review
Legal Permits and Constraints
Legal Policy Issues
Liaison
Extradition, Rendition, and Extraordinary Rendition: Law Applied
Conclusion
Use of Military Force
The War Power
Theory and Law
The Common Law of History
The War Powers Resolution
Consultation
Reporting
Sixty-Day Clock
Appraisal
International Law
Resort to Force
Self-Defense
Anticipatory Self-Defense
From Anticipation to Preemption
Protection of Nationals
Security Council Authorization
Humanitarian Intervention and Other Compelling Circumstances
Application of Force - Methods and Means of Warfare
Specific Rules and General Principles
Legal Policy and the Application of the Law
Constitutional Chain of Command
Combatant Commands
Opcon, TacCon, AdCon, and Foreign Command
Appraisal
Homeland Security
Homeland Security Decision-Making Resources, and Legal Framework
The Threat Revisited
Homeland Security Strategy
Decision-Making Structure
Presidential Process and Decision
Sub-Cabinet Coordination
State and Local Coordination
Three Whos: Who Decides? Who Pays? Who Acts?
Federalism
The Military Instrument
Legal Framework
Posse Comitatus
The Insurrection Act
The Stafford Act
Specific Regimes and Appraisal
Nonproliferation
Maritime Security
Public Health
Appraisal
Katrina and the GAO Reality Gap
Toward a Homeland Security Legal Strategy
Herding the Legal Elephants
Use of the Military
Private Sector Responsibilities
Federalism
Principles to Inform Homeland Security Law
Transparency
Dual-Use Capacity/Dual Benefit Policy
Risk Management, Not Risk Acceptance
Concentric Defense
Appraisal
The National Security Lawyer
National Security Legal Practice
The Duty of the National Security Lawyer
Attachments
Notes
Index

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