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