Title The age of deference : the Supreme Court, national security, and the constitutional order / David Rudenstine

Published New York, NY : Oxford University Press, 2016

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Description 1 online resource Contents Prologue -- 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 -- More obstacles close the courthouse door -- Guantanamo: the Supreme Court blinks -- The consequences of deference -- The mind of deference -- Be last, not first Summary "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."-- Provided by publisher Analysis Judicial deference Notes Print version record and CIP data provided by publisher; resource not viewed SUBJECT USA Supreme Court gnd Etats-Unis. Supreme Court. rero Subject National security -- Law and legislation -- United States Military law -- United States. War and emergency powers -- United States. Political questions and judicial power -- United States LAW -- Constitutional. POLITICAL SCIENCE -- Political Freedom & Security -- Terrorism. LAW -- Legal History. LAW -- Military. Military law National security -- Law and legislation Political questions and judicial power War and emergency powers Sicherheitspolitik Militär Verfassungsrecht United States USA Etats-Unis. Form Electronic book LC no. 2016010087 ISBN 9780199381494 0199381496 9780199381500 019938150X 0199381488 9780199381487

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