DiPaolo (Middle Tennessee State Univ.) examines how federal courts rule when the national government has limited individual liberties during times of national emergency. Using Justice Robert Jackson's Youngstown Sheet & Tube v. Sawyer (1952) framework ina case law-based analysis, DiPaolo observes that in cases in which the president justifies his actions by claiming national security concerns, the federal courts will often opt not to rule on the larger constitutional issues at stake. Rather, they will evaluate the president's actions based on whether or not Congress has legislated. This 'separation of powers' approach, she suggests, protects the courts from bowing to the pressures of the moment and making a mistake that will, in the long run, weaken thejudiciary and the Constitution itself. DiPaolo's very thorough...case retellings are helpfully summarized by various tables that classify the decisions based on whether or not the court agreed with the chief executive's decision, and whether or not Congress had legislated in the particular subject area. Recommended. * CHOICE, September 2010 * DiPaolo (Middle Tennessee State Univ.) examines how federal courts rule when the national government has limited individual liberties during times of national emergency. Using Justice Robert Jackson's Youngstown Sheet & Tube v. Sawyer (1952) framework in a case law-based analysis, DiPaolo observes that in cases in which the president justifies his actions by claiming national security concerns, the federal courts will often opt not to rule on the larger constitutional issues at stake. Rather, they will evaluate the president's actions based on whether or not Congress has legislated. This 'separation of powers' approach, she suggests, protects the courts from bowing to the pressures of the moment and making a mistake that will, in the long run, weaken the judiciary and the Constitution itself. DiPaolo's very thorough...case retellings are helpfully summarized by various tables that classify the decisions based on whether or not the court agreed with the chief executive's decision, and whether or not Congress had legislated in the particular subject area. Recommended. * CHOICE, September 2010 *
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