The First Calling Forth Clause: The Constitution’s Non-Emergency Power to Call Forth the Militia to Execute the Laws

Alden Fletcher analyzes the historical origins and intent behind the Constitution’s “Calling Forth Clause” that has served as a foundation for confiding vast military authority in the president and potentially allowing the use of military force against civilians. While scholars have interpreted the Clause’s original meaning as requiring violent resistance to the laws before military… Continue reading The First Calling Forth Clause: The Constitution’s Non-Emergency Power to Call Forth the Militia to Execute the Laws

Willfulness and the Harm of Unlawful Retention of National Security Information

Discussions of the Espionage Act usually focus on the public’s conception of “spying.” Spies steal information that their government seeks to keep secret and disclose that information to other governments. A common acronym, “MICE,” describes the common motivations for spying: money, ideology, compromise, and ego. The Espionage Act, however, covers a broader set of conduct… Continue reading Willfulness and the Harm of Unlawful Retention of National Security Information

FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security

In an era where “economic security is national security,” China’s growing economic power presents America with a distinct challenge. Will Moreland looks to America’s response to suggest that the Biden administration is returning to an earlier “Rooseveltian” conception of national security—one which appreciates that a healthy American middle class is essential to defending democracy. Moreland… Continue reading FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security