“The word ‘security’ is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment.” ~ Justice Hugo Black, New York Times Co. v. United States (1971)
“National security” has become the government’s all-purpose permission slip to behave badly.
They have become the magic words that can make constitutional restraints disappear – especially when the courts defer to claims of national security. Courts have historically been reluctant to second-guess the executive branch when government officials invoke military necessity, classified information, foreign affairs or national security.
Given the judiciary’s longstanding reluctance to second-guess presidential power grabs involving national security, the national-security state has repeatedly used that deference to expand both its own reach and the power of the presidency.
Call something a matter of national security and the normal rules start disappearing: Courts defer. Congress retreats. Secrecy expands. Executive power grows.
“National security” has been used as the justification for surveillance, secret courts, classification, warrantless spying, military intervention, watchlists, detention, border searches, censorship claims and the concealment of government misconduct.
That game is hardly new.
Nixon played it. Bush played it. Obama played it. Biden played it.
Trump may not have invented the national-security dodge, but he has taken it to increasingly absurd extremes.
Under Trump 2.0, almost everything gets branded a matter of national security in order for the president to sidestep as many parts of the Constitution as he finds inconvenient.
At one point, the government even invoked national security to justify proposed tariffs on trumpets, trombones and tubas because the instruments depend on foreign copper alloys.
This would almost be laughable if the consequences were not so serious.
Trump wants greater control over the U.S economy? Declare a national emergency and seize the power to levy tariffs in the name of national security.
Trump is disgruntled over relations with Canada? Declare a national security threat and claim executive authority to levy tariffs without going through Congress.
Trump wants to build a lavish ballroom? Stick a bunker below it and a droneport on top, and call it national security.
Trump wants to erect a massive ceremonial arch? Turn it into a military installation, complete with drones, snipers and ammunition, and chalk it up to national security.
Trump doesn’t like unfavorable press coverage? Ban reporters from the White House and characterize the press as a national-security threat.
This is not merely another Trump deflection.
It is the logical culmination of decades spent allowing presidents of both parties to invoke national security whenever they want more power, more secrecy and less accountability.
Trump is demonstrating just how much damage can be done once a president decides that virtually anything he wants can be recast as necessary for national security.
Consider how far down the road we have already traveled under the Trump administration.
Tariffs on allies have been justified as national security. Annexing Greenland has been characterized as vital to national security. Offshore wind projects have been halted on national-security grounds.
Coal plants have been kept operating longer in the name of national security.
Artificial-intelligence infrastructure and massive data centers have been elevated to matters of national security.
Even federal workers’ collective-bargaining protections have been stripped away after agencies were classified as performing national-security work.
