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NAT SEC QUIZ !
| Question | Answer |
|---|---|
| What is the Constitution in U.S. national security law? | The Constitution is the primary source of U.S. national security authority. It transfers foreign affairs and defense powers from the states to the federal government, creating dual sovereignty. All national security power must trace to constitution. |
| What enumerated powers does Congress have for national security? | Article I, Section 8 powers include declaring war, raising and supporting armies, maintaining a navy, regulating commerce, defining offenses against the law of nations, calling forth the militia, and making laws necessary and proper. |
| What national security powers does the President have? | Article II powers include Commander in Chief, treaty-making (with Senate consent), appointment and removal of officers, recognition of foreign governments, and execution of laws under the Take Care Clause. |
| What is separation of powers in national security law? | Authority over national security is divided among branches to prevent tyranny. Congress legislates and funds, the President executes and commands, and courts review legality. |
| How do checks and balances operate in national security? | Congress checks the President through funding, legislation, and oversight. The President checks Congress through veto and execution. Courts review constitutionality but often defer in national security matters. |
| What did Youngstown hold? | The President lacks inherent authority to seize domestic industries without Congressional authorization, even during emergencies. |
| How did Justice Black frame executive power in Youngstown? | Presidential power must come from the Constitution or Congress. There is no inherent emergency power to legislate. |
| What are Jackson’s three categories of presidential power? | 1) With Congressional authorization: maximum authority. (2) Congressional silence: zone of twilight. (3) Against Congress: lowest ebb of power. |
| Can the President regulate domestic industries under Commander-in-Chief power? | No. Commander-in-Chief authority does not extend to domestic economic regulation without Congressional authorization. |
| What is the significance of U.S. v. Curtiss-Wright? | It recognizes broad executive authority in foreign affairs and allows wide Congressional delegation, emphasizing a distinction between domestic and foreign powers. |
| What are the limits of Curtiss-Wright? | Much of its language is dicta. The case involved Congress authorizing executive action, not independent presidential power. |
| What is the state secrets privilege? | An evidentiary privilege allowing the Executive to prevent disclosure of information that would harm national security if revealed. |
| What did El-Masri hold regarding state secrets? | A case may be dismissed if its very subject matter is a state secret. Once properly invoked, the privilege is absolute. |
| What constitutional principle did Ex parte Merryman assert? | Only Congress may suspend the writ of habeas corpus under Article I, Section 9. |
| What is habeas corpus? | A judicial order requiring the government to justify the legality of a person’s detention. |
| What did Medellín v. Texas hold? | ICJ judgments are not binding domestic law without Congressional implementation. The President cannot enforce non-self-executing treaties unilaterally. |
| When is a treaty enforceable in U.S. courts? | When it is self-executing or when Congress passes implementing legislation for a non-self-executing treaty. |
| How does customary international law apply in U.S. courts? | CIL applies only in the absence of contrary federal statutes. A statute always overrides CIL. |
| What is the Whitney rule? | When a self-executing treaty and a federal statute conflict, the one adopted later in time controls. |
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