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