Also known as: national defence · national security
Written by attorneys · grounded in primary & secondary sources — see below
Measures taken by a nation to protect itself against its enemies, encompassing the protection of its collective ideals and values as well as its military establishment.
Select any source to read its text and confirm it supports the definition.
Northern Manufacturing prepares to publish satellite images showing troop positions near a contested border. The government obtains an injunction blocking release. The court sustains the order because disclosure would create a serious threat to national defense by revealing operational movements.
Nile Shipping seeks to bring engineers from designated countries to repair port facilities. The President issues an order barring their entry on national security grounds. The court applies rational basis review and upholds the order because it states a legitimate purpose tied to protecting national defense infrastructure.
Nimbus Cloud owns apartments near a realigned air base. After the overseas campaign ends, Congress extends rent caps to stabilize housing for returning service members. The court sustains the caps because they remain reasonably related to remedying disruptions affecting national defense readiness.
Noah Nakamura, a lawful permanent resident, faces state prosecution for failing to register under a new state law. Federal officials argue the statute interferes with uniform national defense and foreign relations policy. The court holds the state measure invalid because it conflicts with federal authority over national defense matters.
Northstar Logistics bids on a large defense procurement. Congress attempts to block the award through a one-house resolution. The court invalidates the resolution because it violates the constitutional requirements for lawmaking even in national defense contexts.
Natalie Norris challenges a local ban on handguns while claiming a need for self-defense near a military installation. The court recognizes an individual right but notes that longstanding prohibitions tied to national defense interests remain presumptively valid.
National defense justifies a prior restraint only when the government meets a heavy burden of showing serious harm such as disclosure of troop movements in wartime. Speculative risks are insufficient.
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Courts apply at most rational basis review and defer to the political branches when an order states a national security purpose rationally related to protecting defense interests.
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Congress may impose postwar rent controls when the measures remain reasonably related to remedying wartime disruptions and continuing national defense exigencies.
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…homosexuals would similarly fail under rational basis review. Texas cannot assert any legitimate state interest here, such as national security or preserving the traditional institution of marriage. Unlike the moral disapproval of same-sex relations—the asserted state interest in this case— other reasons exist to promote the…