NATIONAL SECURITY FEDERALISM IN THE AGE OF TERROR by ProQuest

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									                                ARTICLES
NATIONAL SECURITY FEDERALISM IN THE
          AGE OF TERROR
                            Matthew C. Waxman*
         National security law scholarship tends to focus on the balancing of security
    and liberty, and the overwhelming bulk of that scholarship is about such balanc-
    ing on the horizontal axis among branches at the federal level. This Article chal-
    lenges that standard focus by supplementing it with an account of the vertical
    axis and the emergent, post-9/11 role of state and local government in American
    national security law and policy. It argues for a federalism frame that emphasizes
    vertical intergovernmental arrangements for promoting and mediating a dense
    array of policy values over the long term. This federalism frame helps in under-
    standing the cooperation and tension between the federal and local governments
    with respect to counterterrorism and national security intelligence, and also
    yields insights to guide reform of those relationships. The Article emphasizes two
    important values that have been neglected in the sparse scholarship on local gov-
    ernment and national security functions: (1) accountability and the ways vertical
    intergovernmental arrangements enhance or degrade it, and (2) efficiency and
    the ways those arrangements promote public policy effectiveness. This Article re-
    veals the important policy benefits of our shared federal-local national security
    system, and it suggests ways to better capture these benefits, especially if terror-
    ism threats evolve to include a greater domestic component.




        * Associate Professor, Columbia Law School; Adjunct Senior Fellow for Law and
Foreign Policy, Council on Foreign Relations; Member, Hoover Institution Task Force on
National Security and Law. I thank the following for their comments on drafts of this Ar-
ticle: Philip Bobbitt, Richard Briffault, Robert Chesney, Erin Delaney, Robert Ferguson, Jo-
shua Geltzer, Abbe Gluck, Jack Goldsmith, Philip Hamburger, Aziz 
								
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