In the Common Defense: National Security Law for Perilous TimesCambridge University Press, 21 maj 2007 - 418 sidor 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, first published in 2007, is essential for anyone wanting an 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 today's threats and as applied to issues like rendition and electronic surveillance. |
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In the Common Defense: National Security Law for Perilous Times James E. Baker Ingen förhandsgranskning - 2007 |
In the Common Defense: National Security Law for Perilous Times James E. Baker Ingen förhandsgranskning - 2014 |
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9/11 Commission activities actors administration agencies Al Qaeda Amendment APNSA application appraisal armed conflict Assistant attack attorney bioterrorism bureaucratic chain of command civilian combat commander in chief Congress congressional constitutional authority context coordination Court covert action Curtiss-Wright decision decision-making defined Department Deputies Committee direct electronic surveillance example executive branch exercise extraordinary rendition federal FISA foreign intelligence framework function homeland security Homeland Security Council identify implementation international law Iraq issues jihadist Justice law enforcement law of armed legal policy legislative matter ment military mission Moreover National Security Act national security advisor National Security Council national security law national security lawyer national security process NSC staff nuclear Office operations policymakers practice president’s presidential authority principles question rendition requires response risk role secretary of defense specific statute statutory target terrorism terrorist threat tion United War Powers Resolution weapons Youngstown
Populära avsnitt
Sida 201 - Article 4 1 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations. Article 43 1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security...
Sida 32 - It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations...
Sida 35 - This provision is made in a constitution intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs.
Sida 98 - Council is to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security...
Sida 33 - It results that the investment of the federal government with the powers of external sovereignty did not depend upon the affirmative grants of the Constitution. The powers to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereignties, if they had never been mentioned in the Constitution, would have vested in the federal government as necessary concomitants of nationality.
Sida 39 - When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.
Sida 201 - The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. Those may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Sida 47 - In short, a systematic, unbroken, executive practice, long pursued to the knowledge of the Congress and never before questioned, engaged in by Presidents who have also sworn to uphold the Constitution, making as it were such exercise of power part of the structure of our government, may be treated as a gloss on "executive Power" vested in the President by § 1 of Art.