What does the constitution say about national security

I. List of Relevant Constitutional Provisions

Below is a list of major constitutional provisions relating to military and national security law. For a more complete list, see Chapter 1 of Charles A. Shanor & L. Lynn Hogue, National Security and Military Law (3d ed. 2003)

II. Where to Find the U.S. Constitution

National Security Law is a field of study that deals with the balance between liberty and security in American society.

Sources of law[edit]

United States Constitution[edit]

The United States Constitution grants extensive national security powers to both Congress and the President of the United States. Article I grants Congress authority to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water." Congress is also empowered to "raise and support Armies," and "provide and maintain a Navy." Article II designates the President as the "Commander in Chief".

International Law[edit]

International law can have a domestic effect when incorporated by the Supremacy Clause of the Constitution. Additional fields of international law such as the right to wage war (jus ad bellum) and law of armed conflict/international humanitarian law (jus in bello) also affect this field of study.

Statutes[edit]

Various statutes are applicable in the national security law field including, but not limited to:
War Powers Resolution
Patriot Act
International Emergency Economic Powers Act
Export Administration Act of 1979

Common Law[edit]

There are a litany of Supreme Court and lower court cases which affect national security law. The landmark case that deals with separation of powers between Congress and the President is Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), also commonly referred to as The Steel Seizure Case, in which the United States Supreme Court limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the United States Constitution or statutory authority conferred on him by Congress. It was a "stinging rebuff" to President Harry Truman.[1]
Justice Jackson's concurring opinion is often quoted as it divided Presidential authority vis-à-vis Congress into three categories (in descending order of legitimacy):

• Cases in which the President was acting with express or implied authority from Congress
• Cases in which Congress had thus far been silent, referred to as a 'zone of twilight'
• Cases in which the President was defying congressional orders (the "third category")

See also[edit]

• Privacy law
  
• Law of war and International humanitarian law

References[edit]

1. ^ William Rehnquist, The Supreme Court 273 (2d ed. 2004).

Further reading[edit]

• Dycus, Stephen (2016). National Security Law. Aspen Publishers. ISBN 978-1-4548-6832-3.
• Dycus, Stephen (2016). Counterterrorism Law. Aspen Publishers. ISBN 978-1-4548-6831-6.
• Moore, John Norton (2015). National Security Law & Policy. Carolina Academic Press. ISBN 978-1-6116-3704-5.

Our Constitution, laws, and values are the foundation of our strength and security. Yet, after the attacks of September 11, 2001, our government engaged in systematic policies of torture, targeted killing, indefinite detention, mass surveillance, and religious discrimination. It violated the law, eroded many of our most cherished values, and made us less free and less safe. 

Some of these policies, such as torture and extraordinary rendition, are no longer officially condoned. But most other policies—indefinite detention, targeted killing, trial by military commissions, warrantless surveillance, and racial, religious, and other forms of profiling—remain core elements of U.S. national security strategy today. 

Through litigation and advocacy strategies, the National Security Project responds to specific government measures and also strives to educate the public and shape the law so that the courts, Congress, and citizenry can serve as an enduring check against abuse. We work to ensure that the U.S. government renounces policies and practices that disregard due process, enshrine discrimination, and turn everyone into a suspect. We also seek accountability and redress for the victims of abuses perpetrated in the name of our national security. These are the ways to rebuild American moral authority and credibility both at home and abroad. 

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