000			04712cam a2200457 i 4500
001			127102
005			20230410123449.0
008			160224s2016 enk b 001 0 eng
035			_a18989124
925	0		_aacquire _b2 shelf copies _xpolicy default
942			_2lcc _cbk
010			_a 2016009508
020			_a9780199381487 (hardback)
040			_aDLC _beng _cDLC _erda _dDLC
042			_apcc
043			_an-us---
050	1	4	_aKF 7209 _bR915a 2016
082	0	0	_a343.7301
084			_aLAW018000 _aPOL037000 _aLAW060000 _2bisacsh
100	1		_aRudenstine, David, _eauthor.
245	1	4	_aThe age of deference : _bthe Supreme Court, national security, and the constitutional order / _cDavid Rudenstine.
264		1	_aOxford, UK ; _aNew York, NY : _bOxford University Press, _c[2016]
300			_axvi, 326 pages ; _c25 cm
336			_atext _btxt _2rdacontent
337			_aunmediated _bn _2rdamedia
338			_avolume _bnc _2rdacarrier
504			_aIncludes bibliographical references and index.
505	0		_aPrologue -- The republic is askew -- The ingrained narrative -- A second look -- Breaking ranks -- Looking through a keyhole -- The evidence is secret -- The law is secret -- The court is secret -- Secret court shoots foot -- NSA surveillance : the injury is speculative -- Rights without remedies -- Still more obstacles close the courthouse door -- Guantanamo : the Supreme Court blinks -- The consequences of deference -- The mind of deference -- Be last, not first.
520			_a"In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age. "-- _cProvided by publisher.
650		0	_aNational security _xLaw and legislation _zUnited States.
650		0	_aMilitary law _zUnited States.
650		0	_aWar and emergency powers _zUnited States.
650		0	_aPolitical questions and judicial power _zUnited States.
650		4	_aSeguridad nacional _xLey y legislación _zEstados Unidos.
650		4	_aCuestiones políticas _xPoder judicial.
650		7	_aLAW / Constitutional. _2bisacsh
650		7	_aPOLITICAL SCIENCE / Political Freedom & Security / Terrorism. _2bisacsh
650		7	_aLAW / Legal History. _2bisacsh
653			_aJudicial deference
776	0	8	_iOnline version: _aRudenstine, David, author. _tAge of deference _dNew York, NY : Oxford University Press, 2016 _z9780199381494 _w(DLC) 2016010087
999			_c61966 _d61966