The Limits of National Security

  • Citation: Donohue, Laura K. “The Limits of National Security.” American Criminal Law Review 48, no. 4 (2011): 1573–1751.
    • Topics:
    • Conflict and Security
    • Keywords:
    • sovereignty
    • national security
    • limitation
    • the United States

The United States’ National Security Strategy, issued in May 2010, articulates an expansion in U.S. interests that stems from the end of the Cold War. Departing from a policy of industrial growth and military containment in response to geopolitical threats, U.S. national security is now defined in terms of a wide range of potential risks that the country faces. The NSS is not alone in its rather expansive view—one that significantly departs from the perspective adopted at any point in U.S. history. It represents the fourth (and most concerning) epoch in the country’s evolution, and it is beginning to find root in the law, with serious constitutional implications.

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