Presidents Can’t Use National Security Concerns as an Excuse to Spy on Critics

2018 ◽  
Keyword(s):  
National Security ◽  
Security Concerns

National Security and U.S. Immigration Policy, 1776–1790

2008 ◽  
Vol 39 (1) ◽  
pp. 37-64 ◽  
Author(s):  
Robbie Totten
Keyword(s):  
Great Britain ◽  
International Relations ◽  
National Security ◽  
Immigration Policy ◽  
Early Republic ◽  
Security Concerns ◽  
New Nation ◽  
The Military

An examination of U.S. immigration policy during the early Republic from a security perspective—a common analytical focus within the field of international relations—reveals the inadequacy of traditional economic and ideological interpretations. Security concerns, based on actual threats from Great Britain and Spain, permeated the arguments both for and against immigration. Those in favor of immigration hoped to strengthen the nation, primarily by providing soldiers and money for the military; those opposed to immigration feared that it would compromise national security by causing domestic unrest and exposing the new nation to espionage and terrorism. These issues are not unlike those that beset contemporary policymakers.

scholarly journals Recognizing and Confronting State Subjectivity in Asylum Adjudications

Refuge ◽  
2015 ◽  
Vol 31 (2) ◽  
pp. 3-13
Author(s):  
Emily C. Barry-Murphy ◽  
Max Stephenson Jr.
Keyword(s):  
United States ◽  
National Security ◽  
Moral Imagination ◽  
The United States ◽  
External Threats ◽  
United States Population ◽  
Potential Efficacy ◽  
Security Concerns ◽  
Nuanced Understanding

United States law charges America’s asylum officers with providing humanitarian protection for refugees while simultaneously securing the nation from external threats. This mandate requires that asylum officers balance potentially conflicting claims as they seek to ensure just treatment of claimants. This article explores how officers charged with that responsibility can develop a regime-centred subjectivity that often conditions them to view applicants with fraud and security concerns foremost in mind. This analysis also examines the potential efficacy of practical strategies linked to aesthetic, cognitive, affective, and moral imagination that may allow officials to become more aware of their statecentred subjectivity and how it influences their perceptions of threats to national security and to fraud. This analysis encourages adjudication officers to strive for a more nuanced understanding of what constitutes fraud and national security concerns and what are instead presuppositions created by the United States population-protection agenda.

STATE SECRETS LAW AND NATIONAL SECURITY

2015 ◽  
Vol 64 (2) ◽  
pp. 365-404 ◽  
Author(s):  
Hitoshi Nasu
Keyword(s):  
National Security ◽  
Legal Protection ◽  
Actual State ◽  
Freedom Of Information ◽  
Security Environment ◽  
State Practice ◽  
Discrete Area ◽  
Security Concerns ◽  
Unauthorized Disclosure ◽  
State Secrets

AbstractWith the increased awareness of national security concerns associated with unauthorized disclosure of State secrets, the legal protection of State secrets on national security grounds has assumed renewed significance, while raising ever growing concerns about its impact on freedom of information. Between these competing policy concerns lies a discrete area of law that defines and protects State secrets from unauthorized communication or disclosure. This article aims to ascertain the actual State practice concerning State secrets protection on national security grounds across different countries, and examines common challenges to the delimitation of national security grounds for State secrets protection in light of the changing national security environment.

Constitutional Review of Cases Involving National Security Concerns in India

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Priyanka Anand
Keyword(s):  
Supreme Court ◽  
National Security ◽  
Research Paper ◽  
Constitutional Review ◽  
The Supreme Court ◽  
Security Concerns

The area of this research paper is that the Supreme Court has been using minimalist strategies in dealing with such cases, and that the use of this approach is opportunistic and escapist rather than either the expression of a well-theorized understanding of the role of courts in the Indian polity, or a reflection of broader policy rationales for adopting such a strategy. In this article, I will first explain the concept of minimalism and then go on to analyse how the Supreme Court’s decision on terror related cases reflect the use of a minimalist strategy.

Discretionary Admissions

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Public Health ◽  
National Security ◽  
Race And Ethnicity ◽  
Economic Impacts ◽  
Public Deliberation ◽  
Health Issues ◽  
Cultural Groups ◽  
Family Ties ◽  
Security Concerns ◽  
Cultural Affinity

Chapter 9 explores discretionary admissions, cases in which the decision to admit prospective migrants is not morally required because their basic interests are not threatened. In such cases, what kinds of reasons should inform public deliberation about whom to exclude and include? The chapter begins by considering temporary admissions programs, asking whether they are permissible or whether all migrants must be admitted on a permanent basis. It then assesses different criteria for excluding and selecting migrants for admission. The criteria of exclusion discussed include ones based on race and ethnicity, national security concerns, public health issues, and economic impacts. The criteria of admission considered include family ties, cultural affinity, protection of vulnerable cultural groups, and economic skills.

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