The 21st Century National Security Constitution

Abstract

Even as the Biden Administration’s foreign policy unfolds, in 21st Century practice, foreign relations law seems to have largely become national security law. Virtually all foreign affairs issues have been reframed into national security terms. And because so much of foreign affairs law seems to have become justification for unilateral exercises of executive power, at times it seems almost like not law at all. This Keynote Address, based on a forthcoming book, describes the synergistic dysfunction among our national security institutions that has fostered these trends, explains why the major academic debates over foreign relations law have missed this most urgent issue, and suggests ways to slow the steady march toward executive unilateralism.