
Contents
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Introduction: The Narrative of the Golden Age Introduction: The Narrative of the Golden Age
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An Imperial Present, But a Republican Past? An Imperial Present, But a Republican Past?
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Reframing the American Republic as a Settler Empire Reframing the American Republic as a Settler Empire
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Roger Taney’s Constitution of Checks and Balances Roger Taney’s Constitution of Checks and Balances
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The Continuing Duality of American Institutions The Continuing Duality of American Institutions
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Conclusion: National Security Reform through Decolonization Conclusion: National Security Reform through Decolonization
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3 National Security Law and the Originalist Myth
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Published:September 2023
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Abstract
In American national security law, perhaps the most common way to critique security violence and excess is to argue that these practices violate the founders’ vision of constitutional limits. In the process, scholars and lawyers often depict the long history as one of civil libertarian decline from an ostensible high point in the past. This chapter interrogates that mainstream reform vision and historical retelling. It argues that the myth of civil libertarian origins ignores the extent to which there is no golden age to revive. Such familiar framings offer a limited account of the reforms necessary for genuinely protecting basic rights as well as for pursuing anti-imperial change in the present. They also ignore the structuring role of race and colonialism in deep-rooted American ideas of foreign intervention, war-making, and threat.
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