Who Decides on Security?

Date
-
Event Sponsor
The Munro Lectureship Fund and The Lane Center
Speaker

Aziz Rana, Assistant Professor of Law, Cornell University

 

Abstract
Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in the United States has been toward greater – not less – executive centralization and discretion. This Article explores why efforts to curb presidential prerogative have failed so consistently. It argues that while constitutional scholars have overwhelmingly focused their attention on procedural solutions, the underlying reason for the growth of emergency powers is ultimately political rather than purely legal. In particular, scholars have ignored how the basic meaning of ‘security’ has itself shifted dramatically since World War II and the beginning of the Cold War in line with changing ideas about popular competence. Paying special attention to the decisive role of actors such as Supreme Court Justice Felix Frankfurter and Pendleton Herring, co-author of 1947’s National Security Act, the Article details how emerging judgments about the limits of popular knowledge and mass deliberation fundamentally altered the basic structure of security practices.
 
Countering the pervasive wisdom at the founding and throughout the nineteenth century, this contemporary shift has recast war and external threat as matters too complex and specialized for ordinary Americans to comprehend. Today, the dominant conceptual approach to security presumes that insulated decision-makers in the executive branch (armed with the military’s professional expertise) are best equipped to make sense of complicated and often conflicting information about safety and self-defense. The result is that the other branches – let alone the public writ large – face a profound legitimacy deficit whenever they call for transparency or seek to challenge coercive security programs. Not surprisingly, the tendency of legalistic reform efforts has been to place greater decision-making power in the other branches and then to watch those branches delegate such power back to the executive.

 

Biography

Aziz Rana is an Assistant Professor of Law at Cornell University.  He received his A.B. summa cum laude from Harvard College and his J.D. from Yale Law School. He also earned a Ph.D. in political science at Harvard, where his dissertation was awarded the university's Charles Sumner Prize. Prior to joining the Cornell faculty, he was an Oscar M. Ruebhausen Fellow in Law at Yale. His writing and research centers on American constitutional law and political development, with a particular interest in the intersection of citizenship with topics in national security and immigration. His book, "The Two Faces of American Freedom" (2010), was published by Harvard University Press and situates the American experience within the global history of colonialism, emphasizing how notions of republicanism and expansion have shaped U.S. law and politics since the founding. Rana's current project focuses on the concept of merit and its 20th century role in structuring democratic practice, security, and legal equality.