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National Security Law and the Constitution, Third Edition

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Authors
  • Geoffrey S. Corn
  • Jimmy Gurulé
  • Jeffrey D. Kahn
  • Gary Corn
  • Amy Gaudion
Series / Aspen Casebook Series
BOOKMARK
Book length
930 pages
Publication Date
2025-02-21
Edition
Third Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

This casebook provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and explores the multiple dimensions of that conflict. The third 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 course, as well as for use in advanced international relations and national security policy courses.

New to the Third Edition:
  • New author Amy C. Gaudion, current co-chair of the AALS Section on National Security Law
  • New chapter, “The Role of Law, Lawyers, and Institutions in the National Security Decision-Making Process”— an excellent starting point for raising all students, regardless of experience or prior knowledge, to a basic understanding of core institutions and roles for lawyers in this space before introducing the doctrinal issues addressed in subsequent chapters
  • Reorganization, including two revised and updated chapters that focus on government responses to domestic emergencies and the domestic use of the military
  • New cases, including:
    • Trump v. United States, 603 U.S. ___ (2024)
    • Federal Bureau of Investigation v. Fazaga, 595 U.S. ___ (2022)
    • United States v. Zubaydah, 142 S. Ct. 959 (2022)
    • Van Buren v. United States, 593 U.S. 374 (2021)
    • Trump v. Hawaii, 138 S.Ct. 2392 (2018)
    • Kleindienst v. Mandel, 408 U.S. 753 (1972)
    • Stanley v. Georgia, 394 U.S. 557 (1969)
    • Lamont v. Postmaster General, 381 U.S. 301 (1965)
  • Streamlined chapters to enhance student accessibility—the book has been shortened by 10%, and chapters (averaging 50 pages each) are geared for challenging but manageable weekly reading assignments
  • Carefully edited cases to emphasize key principles
  • Revised and updated discussion questions
​Benefits for instructors and students:
  • 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.
  • A text structure generally aligned to fit a three-hour, one-semester course offering.
  • 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.
  • Practice experience from authors’ diverse institutions (including the military, cybercommand, treasury, and justice departments) and research specialties, reflecting their different perspectives on national security law.
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Table of Contents
Summary of Contents

Contents 
Preface 
Acknowledgments 

PART I
THE CONSTITUTIONAL FRAMEWORK 
CHAPTER 1
An Introduction to the “National Security” Constitution 
CHAPTER 2
The Role of Law, Lawyers, and Institutions in the National Security Decision-Making Process 
CHAPTER 3
Lessons of History
CHAPTER 4
Governing Frictions 
CHAPTER 5
The President, Congress, and Shared National Security Powers 
CHAPTER 6
Responding to Domestic Emergencies 
CHAPTER 7
International Law and National Security

PART II
CRIME AND NATIONAL SECURITY 
CHAPTER 8
Criminal Investigations and National Security
CHAPTER 9
Prosecuting National Security Crimes 
CHAPTER 10
Preventive Detention 

PART III
THE LEGALITY OF USING MILITARY FORCE 
CHAPTER 11
Constitutional War Powers 
CHAPTER 12
International Law and the Use of Force 
CHAPTER 13
Domestic Use of the Armed Forces 

PART IV
INFORMATION AND NATIONAL SECURITY 
CHAPTER 14
Intelligence Exploitation 
CHAPTER 15
Protecting Sensitive Information 
CHAPTER 16
National Security and the Press 

PART V
SOFT POWER AND NATIONAL SECURITY 
CHAPTER 17
Economic Powers and National Security 
CHAPTER 18
National Security in the Digital Age

Table of Cases 
Table of Authorities 
Index 
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Preface
Professor Materials
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About the authors
Geoffrey S. Corn
Texas Tech University School of Law

Geoffrey S. Corn is the George R. Killam Jr. Chair of Criminal Law and Director of the Center for Military Law and Policy. Professor Corn comes to Texas Tech University School of Law from South Texas College of Law Houston where he was the Gary A. Kuiper Distinguished Professor of National Security. Prior to joining the South Texas College of Law Houston faculty in 2005, Professor Corn served in the U.S. Army for 21 years as an officer, and a final year as a civilian legal advisor, retiring in the rank of Lieutenant Colonel. Professor Corn’s teaching and scholarship focuses on the law of armed conflict, national security law, criminal law and procedure, and prosecutorial ethics. He has appeared an expert witness at the Military Commission in Guantanamo, the International Criminal Tribunal for the Former Yugoslavia, and in federal court.

He is co-author of Criminal Law: Classroom to Courtroom (forthcoming), The Law of Armed Conflict: An Operational Perspective, The Laws of War and the War on Terror, National Security Law and the Constitution, National Security Law and Policy: a Student Treatise, The Law in War: A Concise Overview, and Principles of Counter-Terrorism Law.

His Army career included service as the Army’s senior law of war expert advisor, tactical intelligence officer in Panama; supervisory defense counsel for the Western United States; Chief of International Law for US Army Europe; Professor of International and National Security Law at the US Army Judge Advocate General’s School; and Chief Prosecutor for the 101st Airborne Division. He earned is B.A. from Hartwick College in Oneonta, NY, his J.D. with highest honors from George Washington University, his LLM as the distinguished graduate from the U.S. Army Judge Advocate General’s School. He is also a distinguished military graduate of U.S. Army Officer Candidate School, and a graduate of U.S. Army Command and General Staff Course.

Jimmy Gurulé

Jimmy Gurulé, an expert in the field of international criminal law, specifically, terrorism, terrorist financing, and anti-money laundering, joined the Notre Dame Law School faculty in 1989, and in 1996 became a full professor. A member of the Utah State Bar since 1980, Professor Gurulé has worked in a variety of high-profile public law enforcement positions including as Under Secretary for Enforcement, U.S. Department of the Treasury (2001-2003), where he had oversight responsibilities for the U.S. Secret Service, U.S. Customs Service, Bureau of Alcohol, Tobacco, and Firearms, Financial Crimes Enforcement Network, Office of Foreign Assets Control, and the Federal Law Enforcement Training Center; Assistant Attorney General, Office of Justice Programs, U.S. Department of Justice (1990-1992); and Assistant U.S. Attorney, where he served as Deputy Chief of the Major Narcotics Section of the Los Angeles U.S. Attorney’s Office (1985-1989). Among his many successes in law enforcement, Professor Gurulé was instrumental in developing and implementing the U.S. Treasury Department’s global strategy to combat terrorist financing and the 2001 and 2002 National Money Laundering Strategy.

Professor Gurulé is an internationally recognized expert in the fields of terrorist financing and anti-money laundering, has delivered lectures on these subjects before: the Italian Banker’s Association, Milan, Italy; Military Center for Strategic Studies, Rome, Italy; Austrian Defense Academy, Vienna, Austria; Euroforum, Madrid, Spain; World Economic Forum, Davos, Switzerland; Indian Banker’s Association, Calcutta, India; Institute for International Bankers, New York City, and Comandancia de la Policia Nacional, Asuncion, Paraguay.

Professor Gurulé has co-authored National Security Law: Principles and Policy (Wolters Kluwer 2d ed. 2019); Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime (Juris. Publ. 4th ed. 2019); Handbook of Criminal and Terrorism Law (Palgrave McMillan 2018); International Criminal Law (Carolina Academic Press 4th ed. 2013); Criminal and Forensic Evidence (LexisNexis 4th ed. 2014); Principles of Counter-Terrorism Law (Thompson-West 2011). Professor Gurué is the sole author of Unfunding Terror: The Legal Response to the Financing of Global Terrorism (Edward Elgar 2008), and Advanced Introduction to Counter-Terrorism Law (Edward Elgar forthcoming 2021).

Professor Gurulé was selected as a member of the United Nations expert working group on &"Public Corruption and the Negative Impact of the Non-Repatriation of Funds of Illicit Origin on the Enjoyment of Human Rights.” He has served as a consultant to the American Bar Association Rule of Law Initiative advising the governments of Belize and Bahrain on criminal justice reform. Professor Gurulé has also served as an expert witness and consultant on several high profile anti-money laundering and counter-terrorism cases, including the 1983 terrorist bombing of the U.S. Marine barracks in Beirut, Lebanon, and 1998 terrorist bombings of the U.S. embassies in Kenya and Tanzania.

Jeffrey Kahn
Professor
Southern Methodist University

Jeffrey Kahn joined the SMU Law faculty in Fall 2006, where he is now University Distinguished Professor of Law. He teaches and writes on American constitutional law, Russian law, human rights, and counterterrorism. In 2007-2008, he received the Maguire Teaching Fellow Award from the Cary M. Maguire Center for Ethics and Public Responsibility at SMU for his seminar, "Perspectives on Counterterrorism." In 2011, the year he was tenured and promoted to associate professor, he received the Law School’s Excellence in Teaching Award. In 2020, he was named Altshuler Distinguished Teaching Professor by the University and awarded a Storey Research Fellowship by the Law School.

Professor Kahn has been a Fulbright Research Scholar at the Faculty of Law of the University of Oslo, the O’Brien Research Fellow in Residence at McGill University Faculty of Law, and a Visiting Professor of Law at Washington & Lee School of Law. His latest research on U.S. legal topics focuses on the right to travel and national security law. His most recent book, Mrs. Shipley's Ghost: The Right to Travel and Terrorist Watchlists (University of Michigan Press, 2013), critically examines the U.S. Government’s No Fly List.

Among other publications, his articles have appeared in the UCLA Law Review, Michigan Law Review, Virginia Journal of International Law, William & Mary Bill of Rights Journal, and the peer-reviewed European Journal of International Law, Review of Central and East European Law, and Journal of National Security Law and Policy. Professor Kahn’s work on Russian law has been noted by name by the editors of the New York Times and published in various law reviews as well as the peer-reviewed journals Post-Soviet Affairs and Review of Central and East European Law. His latest research has focused primarily on the influence in Russia of the European Convention on Human Rights.

In 2011, Russian President Dmitrii Medvedev's Human Rights Council asked him—the one American among six other experts from Russia, one from Germany, and one from the Netherlands—to write an expert report on the second conviction of Mikhail Khodorkovsky and Platon Lebedev. He is a graduate of Yale College, Oxford University (where he won the Hodgson Martin Prize for Best Dissertation for his doctoral work on Russian federalism), and the University of Michigan Law School. After law school, he was a law clerk to the Honorable Thomas P. Griesa of the United States District Court for the Southern District of New York. He served as a trial attorney in the Civil Division, United States Department of Justice from October 2003 until April 2006. Professor Kahn is a founding member of the Advisory Board for the SMU Embrey Human Rights Education Program. SMU is the first university in the South, and only the fifth in the country, to offer an academic major in human rights.

Gary Corn
Professor
American University Washington College of Law

Professor Gary Corn is a recently retired U.S. Army colonel, and is widely recognized as one of the nation’s top experts on cyber and national security law. Prior to joining TLS, Professor Corn served over twenty-seven years on active duty in the U.S. Army as a military attorney practicing national security law at the highest levels within the Department of Defense. His final five years he served as the Staff Judge Advocate (General Counsel) to U.S. Cyber Command. Professor Corn is a frequent, and highly-sought out speaker at international and national conferences and has published numerous articles, book chapters, and blog posts, including in the American Journal of International Law, The Temple International and Comparative Law Journal, the Vanderbilt Journal of Transnational Law, and on Just Security. For the past several years, he has, via U.S. Cyber Command, run a major international law conference, drawing hundreds of military and civilian leading international law scholars and practitioners. During his military career, Professor Corn also served as a Deputy Legal Counsel to the Chairman of the Joint Chiefs of Staff, the Operational Law Branch Chief in the Office of the Judge Advocate General of the Army, a Special Assistant United States Attorney in the District of Columbia, and on deployment as the Chief of International Law for Combined Forces Command in Afghanistan. Professor Corn received a JD from the George Washington University, a BA in International Relations from Bucknell University, an LLM from the U.S. Army Judge Advocate General’s Legal Center and School, and an MA in National Security Studies from the United States Army War College. Professor Corn is an Advisory Board Director for the Cyber Security Forum Initiative.
Product Information
Edition
Third Edition
Publication date
2025-02-21
Copyright Year
2025
Pages
930
Connected eBook + Hardcover
9798889066064
Connected eBook (Digital Only)
9798889066071
Subject
National Security and Armed Conflict , International Law and Foreign Relations
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