Chapter

Foreign Policy and Internal Security

in Specializing the Courts

Published by University of Chicago Press

Published in print February 2011 | ISBN: 9780226039541
Published online March 2013 | e-ISBN: 9780226039565 | DOI: http://dx.doi.org/10.7208/chicago/9780226039565.003.0003
Foreign Policy and Internal Security

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This chapter addresses the federal courts that deal with issues relating to foreign policy and national security. Five categories of courts are presented: overseas courts, military courts, military tribunals, Foreign Intelligence Surveillance Courts, and Removal Courts. The overseas courts resulted from the extension of influence by the United States and European powers into non-Western nations, primarily in Asia. The various military tribunals accomplished the goal of decreasing the risk of outcomes in court that government officials wanted to avoid. It is noted that the Foreign Intelligence Surveillance Act of 1978 (FISA) court has played a somewhat more independent role due to the aggressiveness of the Bush administration. The Removal Court followed the design of the FISA court in important respects. Like some other military tribunals, the Combat Status Review Tribunals at Guantánamo were severely constrained by the rules that governed their operation.

Keywords: federal courts; foreign policy; national security; overseas courts; military courts; military tribunals; FISA; Removal Court; Guantánamo

Chapter.  14422 words. 

Subjects: US Politics

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