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Domestic and National Security 1
The Domestic Contexts of National Security
Jeremy Phillips
Helms School of Government, Liberty University
Abstract
The formulation and execution of United States national security policy are deeply intertwined
with a complex web of domestic institutions, each possessing unique roles, priorities, and
constraints. A comprehensive analysis of these domestic underpinnings reveals the critical
contributions and inherent challenges presented by the executive branch, Congress, the
judiciary, and the combined influence of public opinion and the media. The executive branch,
with its vast network of agencies, often grapples with interagency rivalries and bureaucratic
inefficiencies, hindering coordinated policy responses. Congress, while possessing the power of
the purse and oversight authority, is frequently hampered by partisan gridlock, impeding the
timely passage of essential legislation. The judiciary, tasked with safeguarding constitutional
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rights, can constrain executive power through its interpretation of laws and regulations, creating
a delicate balance between security and liberty. Furthermore, the volatile nature of public
opinion and the pervasive influence of the media can significantly impact policy preferences
and the overall national security discourse. The analysis argues that while these domestic
institutions are indispensable for ensuring national security, their inherent characteristics and
complex interactions often impede the development and implementation of effective and
coherent national security strategies. Overcoming these challenges necessitates enhanced
institutional coordination within the executive branch, improved bipartisan cooperation in
Congress, a more nuanced understanding of constitutional constraints, and a commitment to
fostering informed public discourse. Ultimately, a robust and resilient national security policy
requires addressing these domestic impediments and strengthening the foundations of
democratic governance.
Keywords: national security, domestic, public opinion, judiciary, executive branch
The Domestic Contexts of National Security
The concept of national security, traditionally conceived as the protection of a state's
physical borders and vital interests from external threats, has evolved significantly in the 21st
century. While external threats remain a paramount concern, the increasing interconnectedness
of the world, the rise of non-state actors, and the growing importance of issues such as
cybersecurity and pandemics have blurred the lines between domestic and international
security. As Snow (2018) aptly contends, "national security is the result of the interplay between
domestic and international factors." This interplay is particularly pronounced in the United
States, a nation characterized by a complex and often fragmented system of governance.
Understanding the domestic forces that shape U.S. national security policy is therefore crucial
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for comprehending the country's strategic choices and its ability to respond effectively to global
challenges. The United States boasts a diverse array of domestic institutions that contribute to
the formulation and implementation of national security policy. These include the executive
branch, with its vast array of agencies ranging from the Department of Defense to the
intelligence community (Risen, 2006); the legislative branch, which exercises its power of the
purse and oversight functions; the judicial branch, which interprets laws and safeguards
constitutional rights; and the often overlooked but profoundly influential forces of public
opinion and the media. Each of these institutions operates with its own distinct set of interests,
priorities, and values, leading to a dynamic and often contentious policymaking environment.
The existing literature on U.S. national security policy has often focused on external threats,
grand strategy, and the role of the United States in the international system. While these
perspectives are valuable, they often neglect the critical role played by domestic institutions and
the challenges they pose. Studies that do examine domestic factors tends to focus on specific
aspects, such as civil-military relations, the influence of interest groups or the impact of public
opinion. However, a comprehensive analysis that integrates these various domestic dimensions
and examines their interconnectedness is often lacking. A holistic examination of the domestic
institutions that shape U.S. national security policy, and the inherent challenges – political,
institutional, and societal – that these institutions pose, is essential. This analysis argues that
while these institutions are essential for safeguarding the nation's interests and values, their
inherent characteristics and interactions often create friction, fragmentation, and impede the
development and implementation of coherent and effective security strategies. Specifically, the
competing interests within the executive branch, the partisan gridlock in Congress, the
constitutional constraints imposed by the judiciary, and the volatile influence of public opinion
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and the media collectively contribute to a complex and often unpredictable national security
policymaking process. The analysis then proceeds to examine the roles and challenges
associated with the executive branch, Congress, the judiciary, and the dynamic forces of public
opinion and the media, highlighting how their interplay ultimately shapes the trajectory of U.S.
national security policy. By examining these domestic forces, a more nuanced and
comprehensive understanding of the challenges and opportunities facing the United States in
the 21st century can be achieved.
The Executive Branch: Interagency Rivalries and Bureaucratic Inefficiencies
The executive branch, with its vast network of agencies, stands as the primary architect
and executor of national security policy. The President, as Commander-in-Chief, wields
significant authority in this domain, overseeing a complex bureaucracy that includes the
Department of Defense, the Department of State, the National Security Council, the intelligence
community, and numerous other agencies. However, this very complexity can become a source
of significant challenges. Interagency rivalries and bureaucratic inefficiencies often hinder
coordinated policy responses, leading to fragmentation and a lack of strategic coherence
(Hadley, 2020; Risen, 2006). The National Security Council (NSC), intended to serve as a
coordinating body, can itself become a battleground for competing interests and policy
preferences. Different agencies may vie for influence within the NSC, pushing their own agendas
and undermining the development of a unified national security strategy. This can result in
policy incoherence, where different parts of the government are working at cross-purposes,
weakening the overall effectiveness of national security efforts. Hadley (2020), in his account of
the Bush administration's foreign policy transition to the Obama administration, highlights the
complexities of interagency coordination and the challenges of ensuring a smooth transfer of
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knowledge and policy priorities. The "hand-off" process itself can be fraught with difficulties, as
different agencies may have varying perspectives on the successes and failures of past policies,
making it difficult to establish a common ground for future action. Risen (2006), in his
examination of the CIA during the Bush administration, details instances where the agency's
actions were driven by internal pressures and bureaucratic imperatives, sometimes at the
expense of broader national security goals. The pursuit of specific intelligence objectives, for
example, could lead to actions that had unintended consequences or that undermined
diplomatic efforts. This underscores the importance of effective oversight and accountability
within the intelligence community to prevent such instances of bureaucratic overreach.
Furthermore, the sheer size and complexity of the executive branch can create bureaucratic
inertia, making it difficult to adapt quickly to changing circumstances or to implement new
policies effectively. Decision-making processes can become bogged down in layers of
bureaucracy, delaying responses to emerging threats and hindering the ability of the United
States to act decisively on the global stage.
Addressing these challenges requires a commitment to strengthening interagency coordination,
streamlining decision-making processes, and fostering a culture of collaboration and shared
responsibility within the executive branch. Effective leadership, clear lines of authority, and a
focus on strategic priorities are essential for overcoming the inherent bureaucratic obstacles
that can impede the formulation and implementation of effective national security policy.
Congress: Partisan Gridlock and Legislative Impediments
Congress, as the legislative branch of the U.S. government, plays a vital role in shaping
national security policy through its constitutional powers, including the power of the purse, the
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power to declare war, and the power to oversee the executive branch. However, this role is
often complicated by partisan gridlock and legislative impediments, which can hinder the timely
passage of essential legislation and prevent the development of consensus-based national
security policies (Howell & Pevehouse, 2014). The power of the purse gives Congress significant
leverage over national security policy, as it controls the funding for defense spending,
intelligence operations, and foreign aid. However, partisan disagreements over budget priorities
can lead to protracted debates and delays in the allocation of funds, creating uncertainty and
hindering the ability of the military and intelligence agencies to plan for the future. Government
shutdowns, often triggered by budgetary disputes, can have a particularly disruptive effect on
national security operations, forcing agencies to furlough personnel and delaying critical
projects. The power to declare war, while rarely invoked in recent decades, remains a significant
check on executive power. However, the lack of a formal declaration of war in many
contemporary conflicts has led to ongoing debates about the proper scope of presidential
authority in the use of military force. Congress's role in authorizing military action has become
increasingly complex, with differing interpretations of the War Powers Resolution and ongoing
disagreements over the appropriate level of congressional involvement in decisions regarding
the use of force. Howell and Pevehouse (2014) examine the historical evolution of congressional
checks on presidential war powers, highlighting the ongoing tension between the executive and
legislative branches over the control of military force. They argue that while Congress has the
constitutional authority to constrain presidential actions, political factors and institutional
limitations often prevent it from effectively exercising this power. Partisan divisions, the
deference given to the President during times of crisis, and the complexity of modern warfare
all contribute to the challenges Congress faces in asserting its authority over national security
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policy. Furthermore, the increasing polarization of American politics has made it more difficult
for Congress to reach bipartisan agreement on national security issues. Partisan divides over
issues such as defense spending, foreign policy, and intelligence gathering can lead to legislative
gridlock, preventing the passage of essential legislation and hindering the development of a
coherent national security strategy. The rise of ideological extremism and the decline of
moderate voices in both parties have further exacerbated these divisions, making it more
difficult to find common ground on national security matters. Overcoming these challenges
requires a renewed commitment to bipartisanship and a willingness to compromise on national
security issues. Strengthening congressional oversight mechanisms, promoting informed debate
on national security policy, and fostering a culture of cooperation between the executive and
legislative branches are essential for ensuring that Congress can effectively fulfill its
constitutional role in shaping national security policy (Howell and Pevehouse, 2014).
The Judiciary: Balancing Security and Liberty
The judiciary, as the guardian of constitutional rights, plays a crucial role in shaping
national security policy by ensuring that government actions are consistent with the
Constitution and the rule of law. Judicial review of executive and legislative actions in the
national security realm can constrain government power and protect individual liberties, but it
also raises complex questions about the appropriate balance between security and liberty
(Boumediene v. Bush, 2008; Cole, 2018). The Supreme Court's decision in Boumediene v. Bush
(2008) is a landmark example of the judiciary's role in safeguarding constitutional rights in the
context of national security. The Court held that detainees at Guantanamo Bay had the right to
challenge their detention in U.S. courts, even though they were held outside the territorial
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jurisdiction of the United States. This decision affirmed the principle that the Constitution
protects individuals from arbitrary detention, even in times of war, and that the judiciary has a
responsibility to ensure that the government does not exceed its constitutional authority in the
name of national security. Cole (2018) examines the role of citizen activists in shaping
constitutional law, highlighting the importance of advocacy groups and legal challenges in
protecting civil liberties in the face of government overreach. He argues that citizen activism can
play a vital role in ensuring that the government remains accountable to the Constitution and
that individual rights are protected, even in the context of national security. However, the
judiciary's role in national security policy is not without its challenges. Judicial review can be
time-consuming and costly, and it can sometimes lead to delays in the implementation of
national security measures. Furthermore, judges may lack the expertise and information
necessary to fully assess the complex national security considerations that are often at stake in
these cases. This can make it difficult for the judiciary to strike the appropriate balance between
security and liberty, particularly in cases involving classified information or sensitive intelligence
matters. The judiciary's role in national security policy also raises questions about the proper
scope of judicial deference to the executive branch. During times of war or national emergency,
courts may be more inclined to defer to the executive's judgment on national security matters,
recognizing the need for swift and decisive action. However, excessive deference to the
executive can undermine the judiciary's role as a check on government power and can lead to
violations of individual rights. Maintaining a healthy balance between security and liberty
requires a judiciary that is both independent and informed. Judges must be willing to carefully
scrutinize government actions in the national security realm, while also recognizing the
legitimate need for the government to protect the nation from threats. Transparency and
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accountability are essential for ensuring that the judiciary can effectively fulfill its role in
safeguarding constitutional rights in the context of national security.
Public Opinion and the Media: Shaping the National Security Discourse Public
opinion and the media play a significant role in shaping national security policy by influencing
public perceptions of threats, shaping policy preferences, and holding government accountable
for its actions. The media serves as a primary source of information about national security
issues, and its coverage can significantly impact public opinion and political discourse
(Gelpi et al., 2009; Greenwald, 2014). Gelpi et al. (2009) also examines the relationship between
American public opinion and casualties in military conflicts, finding that public support for
military interventions tends to decline as casualties increase. This "casualty aversion" can
constrain policymakers' options in the use of military force, particularly in long-term conflicts
with high casualty rates. Public opinion can also influence the scope and duration of military
interventions, as policymakers may be reluctant to commit troops to conflicts that lack strong
public support. Greenwald (2014), in his account of Edward Snowden's revelations about the
NSA's surveillance programs, highlights the role of the media in exposing government overreach
and holding intelligence agencies accountable for their actions. The Snowden leaks sparked a
national debate about the balance between security and privacy, raising questions about the
scope of government surveillance and the protection of civil liberties in the digital age. The
media's coverage of the Snowden revelations played a crucial role in informing the public about
these issues and shaping the political discourse surrounding them. However, the influence of
public opinion and the media on national security policy is not always positive. The media can
sometimes sensationalize national security threats, creating a climate of fear and anxiety that
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can lead to public support for policies that may not be in the best long-term interests of the
nation. The proliferation of misinformation and disinformation on social media can also distort
public perceptions of national security issues, making it difficult for citizens to make informed
decisions about policy choices. Furthermore, public opinion can be volatile and easily swayed by
events, making it difficult for policymakers to develop consistent and long-term national
security strategies. The "rally-round-the-flag" effect, where public support for the government
surges during times of crisis, can create opportunities for policymakers to take decisive action,
but it can also lead to hasty and ill-considered decisions. Cultivating an informed and engaged
citizenry is essential for ensuring that public opinion and the media play a constructive role in
shaping national security policy. Promoting media literacy, encouraging critical thinking, and
fostering open and transparent communication between the government and the public are all
important steps in this direction. Policymakers must also be willing to engage in reasoned
debate with the public about national security issues, explaining the rationale behind their
policy choices and addressing concerns about potential risks and trade-offs (Greenwald, 2014).
Conclusion
The domestic institutions that shape U.S. national security policy – the executive branch,
Congress, the judiciary, and public opinion/the media – each possess unique strengths and
weaknesses that can either facilitate or impede the development and implementation of
effective national security strategies. Overcoming the challenges posed by these domestic
constraints requires a multifaceted approach that includes strengthening interagency
coordination, promoting bipartisanship in Congress, safeguarding constitutional rights through
judicial review, and fostering an informed and engaged citizenry. Ultimately, a robust and
resilient national security policy requires addressing these domestic impediments and
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strengthening the foundations of democratic governance. Brands (2022) underscores the
importance of learning from past successes and failures in national security policy, particularly
the lessons of the Cold War, in order to effectively navigate the challenges of the 21st century.
By understanding the complex interplay between domestic institutions and national security
policy, the United States can better position itself to protect its interests and promote its values
in an increasingly complex and uncertain world.
References
Boumediene v. Bush, 553 U.S. 723 (2008).
Brands, H. (2022). The twilight struggle: What the Cold War teaches us about America's contest
with China. Yale University Press.
Cole, D. (2018). Engines of liberty: The power of citizen activists to make constitutional law.
Basic Books.
Gelpi, C., Feaver, P. D., & Reifler, J. (2009). Paying the human costs of war: American public
opinion and casualties in military conflicts. Princeton University Press.
Greenwald, G. (2014). No place to hide: Edward Snowden, the NSA, and the U.S. surveillance
state. Metropolitan Books.
Hadley, S. J. (2020). Hand-off: The foreign policy George W. Bush passed to Barack Obama.
Hoover Institution Press.
Howell, W. G., & Pevehouse, J. C. (2014). While dangers gather: Congressional checks on
presidential war powers. Princeton University Press.
Risen, J. (2006). State of war: The secret history of the CIA and the Bush administration. Simon
& Schuster.
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Snow, D. M. (2018). National security for a new era. Routledge.
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