This article examines three national security law challenges resulting from greater involvement of state and local police agencies in protecting national security, especially in combating terrorism: organizational challenges, accountability challenges, and institutional tensions with traditional local police functions. Each threatens the balance of security and civil liberties.
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National Security Reform for the Twenty-First Century: A New National Security Act and Reflections on Legislation’s Role in Organizational Change
National security threats in the twenty-first century, such as terrorism, proliferation, failing states, and climate change, are fast, dynamic, and complex. Meeting them successfully requires a capacity to integrate all instruments of U.S. national power – diplomacy, military force, intelligence, law enforcement, foreign aid, homeland security, education, transportation, and health and human services – into a single system supporting a common mission.
National Security Law Advice to the New Administration
By any measure, the period between September 11, 2001, and the 2008 presidential election witnessed an unprecedented tangle of controversies at the intersection of national security law and policy. The Bush administration responded to the September 11 attacks and the threat of further terrorism by asserting expansive executive authority across a wide range of national security domains. The President fashioned new rules for detaining those captured in what was called the “global war on terror” …