National Security Law Dycus/7th ed. Outline: Difference between revisions
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==INTRODUCTION== | ==INTRODUCTION== | ||
Revision as of 15:33, August 25, 2020
| National Security Law | |
| Authors | Stephen Dycus William C. Banks Peter Raven Hansen Stephen I. Vladeck |
|---|---|
| Text | ![Image of National Security Law [Connected eBook] (Aspen Casebook)](https://m.media-amazon.com/images/I/31BqMNeMeIL._SL160_.jpg "National Security Law [Connected eBook] (Aspen Casebook)") National Security Law [Connected eBook] (Aspen Casebook) |
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INTRODUCTION
Purposes
Organization
PROVIDING FOR THE “COMMON DEFENCE”: THE ORIGINAL UNDERSTANDING
The Constitutional Text
Pre-Constitutional History and Political Theory in Europe
The American Experience Prior to 1787
The Framers’ View
The Convention
Ratification
THE PRESIDENT’S NATIONAL SECURITY POWERS
The Spectrum of Presidential Power
When the President Acts Pursuant to Delegated Authority in Foreign Relations
When the President Acts in the “Zone of Twilight” in Foreign Relations
When the President Takes Measures Incompatible with the Expressed or Implied Will of Congress in Foreign Relations
The Commander in Chief’s War Powers
Defensive War Power
Customary War Power
“Core” Presidential War Power and Statutory Limits
The President’s Emergency Powers
The National Emergencies Act and Standby Emergency Legislation
Independent Executive Emergency Authority?
CONGRESS’S NATIONAL SECURITY POWERS
Congressional Authorizations for War
Formal Declaration of War
Authorizing War by Statute
Limiting War Power? The War Powers Resolution
The Recital of Presidential War Powers
Consultation
Triggers and the Reporting Requirements
The 60-Day Clock
The Concurrent Resolution
The Rule of Construction
Delegations and Appropriations for National Security
Delegations of National Security Authority
Implied Authorization by Defense Appropriation
Wielding the Appropriations Power
Limitations on Congressional War Powers
The Nondelegation Principle
The Lovett Principle
The Chadha Principle
THE COURTS’ NATIONAL SECURITY POWERS
The Federal Judicial Power Generally
A Self-Defining Role for Courts: The Justiciability Doctrines
Standing to Sue
The Political Question Doctrine
Ripeness
Substantive Hurdles: Bivens and Qualified Immunity
A Cause of Action?
Qualified Immunity
Evidentiary Hurdles: The State Secrets Privilege
THE DOMESTIC EFFECT OF INTERNATIONAL LAW
The Making and Interpretation of Treaties
Executive and Other Agreements
The Domestic Legal Effect of Treaties and Executive Agreements
Statutory Incorporation of International Law
The Domestic Legal Effect of Customary International Law and Jus Cogens
THE EXTRATERRITORIAL REACH OF U.S. LAW”
Extraterritorial Reach of Constitutional Rights
Extraterritorial Effect of U.S. Statutes
THE RIGHT TO WAGE WAR (JUS AD BELLUM)
Law Regarding Resort to the Use of Force: The Basic Elements
Content of Jus ad Bellum
INTERNATIONAL HUMANITARIAN LAW (JUS IN BELLO)
Authorities for Jus in Bello
Applying IHL — Conflict Classification and Combatant Immunity
HOW WE GO TO WAR: LESSONS FROM VIETNAM
Going to War in Vietnam
Limiting the Scope of the Vietnam War
Ending the Vietnam War
COLLECTIVE USE OF FORCE
The Korean “Police Action”
The 1991 Persian Gulf War
Afghanistan
UNILATERAL USE OF FORCE
Self-Defense and Reprisal
Preemptive Self-Defense
Addressing New Threats: Syria, the Islamic State, and Iran
Rescue
TARGETING TERRORISTS
Targeted Killing by the United States After 9/11
Targeted Killing and Human Rights Law (HRL)
Targeted Killing and International Humanitarian Law (IHL)
U.S. Law and the Targeting of U.S. Citizens
CYBER OPERATIONS
Assessing the Risk of Cyber Warfare
Applying International Law to Cyber Operations
Applying Domestic Law to Cyber Operations
Cyber War of Ideas
NUCLEAR WAR
The Nature and Effects of Nuclear Weapons
International Law of Nuclear Weapons
Domestic Law of Nuclear Weapons
HUMANITARIAN AND PEACE OPERATIONS
Authority for Peaceful Deployments
Crossing the Mogadishu Line: Good Intentions Gone Terribly Wrong
Humanitarian Intervention in Libya — 2011
INTRODUCING INTELLIGENCE
The Intelligence Cycle
How Is Intelligence Collected? — The “INTS”
Covert Actions
THE INTELLIGENCE COMMUNITY: ORGANIZATION AND AUTHORITY
Authority for Intelligence Activities
Funding and Managing the Intelligence Community
Coordination and Sharing of Intelligence
COVERT OPERATIONS
Curtailing Private Actions
Early CIA Covert Operations
CIA Operations and Congressional Oversight
The Iran-Contra Affair
Continuing Oversight Reforms
Special Military Operations
Outsourcing Secret War
THE FOURTH AMENDMENT AND NATIONAL SECURITY
The Fourth Amendment Framework
A National Security Exception?
A Foreign Intelligence Exception?
Surveillance Abroad
CONGRESSIONAL AUTHORITY FOR FOREIGN INTELLIGENCE SURVEILLANCE
The Foreign Intelligence Surveillance Act: Core Requirements
FISA, Law Enforcement, and the Fourth Amendment
FISA Trends
PROGRAMMATIC ELECTRONIC SURVEILLANCE FOR FOREIGN INTELLIGENCE
Case Study: The Terrorist Surveillance Program
The FISA Amendments Act and the Future of Programmatic Surveillance
THE THIRD-PARTY DOCTRINE: ORIGINS AND APPLICATIONS
Origins of the Third-Party Doctrine
Applications of the Third-Party Doctrine
THE COLLECTION AND USE OF THIRD-PARTY RECORDS
Targeted Collection of Third-Party Records
Bulk Collection of Third-Party Records
Data Mining
SCREENING FOR SECURITY
Checkpoint Searches
Watch Listing
PROFILING AND TRAVEL BANS
Profiling
The Trump Administration Travel Bans
HABEAS CORPUS: THE STRUCTURE OF THE SUSPENSION CLAUSE
The Origins of the Suspension Clause
The Habeas Corpus Statute(s)
Suspending the Writ
The Effects of a Valid Suspension
HABEAS CORPUS: THE SCOPE OF THE SUSPENSION CLAUSE
Geographic Scope of the Suspension Clause
Review Required by the Suspension Clause
MILITARY DETENTION OF U.S. PERSONS
The Internment Camps and the Non-Detention Act
Military Detention of U.S. Persons Captured Overseas
Military Detention of U.S. Persons Captured in the United States
Codification of Military Detention
MILITARY DETENTION OF NON-U.S. PERSONS
Substantive Authority to Detain Non-U.S. Persons
The Process for Proving Detainability
The Next Generation of Guantánamo Litigation
“Closing” Guantánamo
PREVENTIVE DETENTION
Constitutional Limits on Preventive Detention
“Spitting on the Sidewalk”: Pretextual(?) Criminal Detention
The Post-9/11 Roundup of “High Interest” Detainees
Material Witness Detentions
INTERROGATING TERRORIST SUSPECTS
When Is Interrogation Torture?
The Legal Standards and their Application
CASE STUDY OF COERCIVE INTERROGATION OF DETAINEES IN U.S. CUSTODY AFTER 9/11
===The Evolving History of U.S. Interrogation of Suspected 997 Terrorists===
