Tag Archives: Teaching National Security Law

Providing “Supplemental Security”– The Insurrection Act and the Military Role in Responding to Domestic Crises

It is well known that the American Revolution was spurred in large part by the colonists’ reaction to King George’s use of the military to enforce English laws in the colonies. After the colonists had become sufficiently disgruntled by the increasingly martial measures imposed by the King, the drafters of the Declaration of Independence listed among its central complaints the tendencies of the English Crown “to render the Military independent of and superior to the Civil Power.”

Just as King Charles had been beheaded in 1649 for violating what became a fundamental Anglo- American value – that soldiers are respected for defeating enemies of the state but are never to be used against their civilian neighbors – King George lost the colonies when he employed troops to control disorderly civilians.

Litigating National Security Cases in the Aftermath of 9/11

The treacherous terrorist attacks against the United States on September 11, 2001, and the aftershocks that are still being felt years later, have had a profound effect on the legal landscape in the United States. In 9/11’s immediate aftermath, Congress, in a rare and fleeting moment of bipartisanship, gave the President far-reaching authority to combat terrorism.

The Rule of Law and the War on Terror: The Professional Responsibilities of Executive Branch Lawyers in the Wake of 9/11

What are the professional responsibilities of lawyers who provide legal advice to the executive branch, particularly in times of crisis? Who, exactly, is their client? Do professional responsibility standards shed any light on the circumstances that faced executive branch lawyers in the months following 9/11? What can we learn from the experience of those lawyers about competing principles of professional responsibility?