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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
This book investigates the historical shift in the American judicial system toward reflexive deference to executive authority in matters of national security. David Rudenstine, a legal scholar and professor, utilizes a series of landmark Supreme Court cases to demonstrate how the judiciary has systematically retreated from its role as a check on executive power since the post-World War II era. He argues that this pattern of judicial abdication, particularly regarding the state secrets privilege, has compromised individual rights and weakened the constitutional framework of checks and balances.
What You Will Find
Legal scholars and political historians frequently cite this work as a critical examination of the erosion of judicial oversight in the modern era. Experts highlight the text for its clear articulation of how institutional fear and perceived incompetence have shaped the Supreme Court's relationship with the executive branch.
Page Count:
344
Publication Date:
2016-08-17
Publisher:
Oxford University Press
ISBN-10:
0199381488
ISBN-13:
9780199381487
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