The Age of Deference: The Supreme Court, National Security, and the Constitutional Order
| Author | : | |
| Rating | : | 4.59 (736 Votes) |
| Asin | : | 0199381488 |
| Format Type | : | paperback |
| Number of Pages | : | 344 Pages |
| Publish Date | : | 2013-10-19 |
| Language | : | English |
DESCRIPTION:
A must-read for today's times voracious reader This ground-breaking study takes a widely shared assumption and turns it upside down and inside out. The assumption is that the Supreme Court should keep its hands off of the important business of national security and that is true even when the executive has arguably stepped all over a person's constitutional rights. The reason for the assumption: judicial deference protect
It is not often that scholarship impeccably performed intersects with the urgent needs of the country and of Democracy." -Stanley Fish, Floersheimer Distinguished Professor of Law, Cardozo Law School "Rudenstine's book will be a troubling and useful read for anyone expecting the story of a heroic Supreme Court reasserting the balance of security and civil rights in the wake of wartime overreach. Rudenstine persuasively shows that judicial deference has afforded the executive a blank check, and illustrates why such an approach is fundamentally irresponsible." -David Cole, Professor, Georgetown Law, and author of Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law. Instead, he writes, the Court has engaged in a slow-motion abdication-resulting in a toleration fo
David Rudenstine served as Dean of the Cardozo School of Law from 2001-09, and is currently the Sheldon H. He is the author of The Day the Presses Stopped: A History of the Pentagon Papers Case, which was nominated for a Pulitzer Prize, and he is currently writing a book on the role of courts in national security cases. In 2000-01, he was an inaugural fellow in Princeton University's Program in Law and Public Affairs.. The first dean appointe
District Court level and Circuit level rejected the government's argument and ruled in favor of the families. government for damages. 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. Since 9/11, the executive faces even less oversight. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. 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. According to Rudenstine, this has had