Governing Security: The Hidden Origins of American Security Agencies

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Stanford University Press, Jan 9, 2013 - Law - 336 pages
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The impact of public law depends on how politicians secure control of public organizations, and how these organizations in turn are used to define national security. Governing Security explores this dynamic by investigating the surprising history of two major federal agencies that touch the lives of Americans every day: the Roosevelt-era Federal Security Agency (which became today's Department of Health and Human Services) and the more recently created Department of Homeland Security. Through the stories of both organizations, Cuéllar offers a compelling account of crucial developments affecting the basic architecture of our nation. He shows how Americans end up choosing security goals not through an elaborate technical process, but in lively and overlapping settings involving conflict over agency autonomy, presidential power, and priorities for domestic and international risk regulation. Ultimately, as Cuéllar shows, the ongoing fights about the scope of national security reshape the very structure of government, particularly during—or in anticipation of—a national crisis.
 

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Contents

1 The Twin Problems of Governing Security
1
2 Rethinking Law Security and Organizational Structure
19
Designing Federal Security
50
4 Just How Secure Are You at This Moment? Growing and Elevating Federal Security
69
More Control and More to Control
82
Shifting Functions Justifications and Capacity
100
Creating DHS and Defining Homeland Security
125
8 The Political Logic and Early Legacy of DHS
151
Security and the NationState in a World of Economic Risk
190
10 An Organizational Gloss on Separation of Powers
214
One Supreme Objective for the Future
226
Notes
239
Bibliography
291
Index
309
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About the author (2013)

Mariano-Florentino Cuéllar is Stanley Morrison Professor of Law at Stanford Law School and Co-Director of the Stanford Center for International Security and Cooperation. He has served in the Obama and Clinton Administrations, testified before lawmakers, and has an extensive record of involvement in public service.

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