Above the Law, or Beneath It: How National Security Law Subverts Accountability and Weakens Democracy

Ben Wizner, ACLU

Lecture 2: The Case Against “National Security” 

A doctrinal anomaly formulated to safeguard nuclear secrets has metastasized into a broad non-justiciability regime, and one of the more secure societies in human history has been kept in a state of a legal emergency. The institutional and emotional incentives that underlie these developments can seem insurmountable, but they must be more effectively challenged by competing norms.