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Finding National Security, John Greenman
Finding National Security, John Greenman
John Greenman
Abstract: The U.S. national-security exception—the space in which the political branches can act without observing constitutional rights—is not substantive, but rather membership based. The exception does not, in other words, depend on the threat posed to our security.
Instead it depends on membership. Under membership, a suspect’s rights depend on his connection to the United States. This connection is determined by nationality and location. U.S. citizens and people inside the country—members—get more rights, while aliens and people outside the country—nonmembers—get fewer rights.
Using this frame I make three points about U.S. national-security law:
• First, in defining the national-security exception, …
Finding National Security, John Greenman
Finding National Security, John Greenman
John Greenman
Abstract: The U.S. national-security exception—the space in which the political branches can act without observing constitutional rights—is not substantive, but rather membership based. The exception does not, in other words, depend on the threat posed to our security.
Instead it depends on membership. Under membership, a suspect’s rights depend on his connection to the United States. This connection is determined by nationality and location. U.S. citizens and people inside the country—members—get more rights, while aliens and people outside the country—nonmembers—get fewer rights.
Using this frame I make three points about U.S. national-security law:
• First, in defining the national-security exception, …
Finding National Security, John Greenman
Finding National Security, John Greenman
John Greenman
The U.S. national-security exception—the space in which the political branches can act without observing constitutional rights—is not substantive, but rather membership based. The exception does not, in other words, depend on the threat posed to our security.
Instead it depends on membership. Under membership, a suspect’s rights depend on his connection to the United States. This connection is determined by nationality and location. U.S. citizens and people inside the country—members—get more rights, while aliens and people outside the country—nonmembers—get fewer rights.
Using this frame I make three points about U.S. national-security law:
• First, in defining the national-security exception, the …
Finding National Security, John Greenman
Finding National Security, John Greenman
John Greenman
The U.S. national-security exception—the space in which the political branches can act without observing constitutional rights—is not substantive, but rather membership based. The exception does not, in other words, depend on the threat posed to our security.
Instead it depends on membership. Under membership, a suspect’s rights depend on his connection to the United States. This connection is determined by nationality and location. U.S. citizens and people inside the country—members—get more rights, while aliens and people outside the country—nonmembers—get fewer rights.
Using this frame I make three points about U.S. national-security law:
• First, in defining the national-security exception, the …