This power, by necessity and preference, has become the central congressional tool for participating in national security policy. Inevitably attacks on policy are transformed into attacks on the making and effects of appropriations.

This volume addresses the recurring legal and constitutional questions about the congressional power of the purse, focusing on the use of this power during the Vietnam War and the Iran-Contra affair.

The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abstention. The process of U.S. adherence to treaties and other international agreements is closely scrutinized as the authors examine how such law, as well as customary international law and the law-making acts of international organizations, can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the several states in foreign affairs, and the imperative to protect individual rights in the transnational sphere. Among the contemporary issues discussed are the immunity of foreign heads of State, treatment of detainees at Guantánamo, movement of the U.S. Embassy in Israel to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum-seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act.

This book provides a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law by leading contributors in the field. Reflecting on the recently published Fourth Restatement of the Foreign Relations Law, they review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out that need research and development.

For the last 30 years, National Security Law has helped create and shape an entire new field of law. It has been adopted for classroom use at most American law schools, all of the military academies, and many non-law graduate programs. The Seventh Edition of this leading casebook provides an up-to-date, user-friendly survey of this extremely dynamic field. Relying heavily on original materials and provocative notes and questions, this book encourages students to play the roles of national security professionals, politicians, judges, and ordinary citizens. And by showing the development of doctrine in historical context, it urges them to see their responsibility as lawyers to help keep us safe and free. Like earlier editions, the new book deals with basic separation-of-powers principles, the interaction of U.S. and international law, the use of military force, intelligence, detention, criminal prosecution, homeland security, and national security information — more than enough to provide teachers with a rich menu of readings for classes. New to the Seventh Edition: Latest developments on U.S. military involvement in Syria and Iran President Trump’s Border Wall and appropriations power Carpenter v. U.S. and recent FISA developments and FISC decisions Trump travel ban “Defending forward” in cyberspace New chapter on nuclear war Professors and students will benefit from: Carefully curated and edited original materials Extensive notes and questions to fill in the blanks Read-ins and chapter summaries to provide perspective Frequent references to historical and political context