Add to ORKGWhen national security conflicts with individual liberty, reviewing courts might adopt one of three general orientations: National Security Maximalism, Liberty Maximalism, and minimalism. National Security Maximalism calls for a great deal of deference to the President, above all because of his authority as Commander-in-Chief of the Armed Forces. Liberty Maximalism asks courts to assume the same liberty-protecting posture in times of war as in times of peace. Minimalism asks courts to follow three precepts: the President needs clear congressional authorization for intruding on interests having a strong claim to constitutional protection; fair hearings should generally be provided to those who have been deprived of their freedom; and courts ...
Burkean minimalism has long played an important role in constitutional law. Like other judicial mini...
“The most important thing we do is not doing,” Justice Louis D. Brandeis noted of the Supreme Court....
In exercising his war-making powers, the President has historically pursued war-related initiatives ...
Minimalism is a theory, of increasing popularity in the United States in recent decades, that requir...
In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000)...
The diverse theories of constitutional interpretation in the United States share one strong common p...
This Article discusses the United States\u27 commitment to constitutional governance and the account...
The first ten amendments to the United States Constitution, ratified in 1791 and known as the Bill o...
Does the U.S. Supreme Court curtail rights and liberties when the nation’s security is under threat?...
Book review: The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11. By John Y...
Discussion of civil liberties during wartime often omit the fact that there can be no meaningful lib...
In resolving conflicts between individual rights and national security, the Supreme Court has often ...
Journal ArticleA fundamental and potentially healthy tension exists between democratic government, u...
This article contends that the underlying normative assumptions of civil libertarians and national s...
This article examines the accepted axiom that courts should defer to the government\u27s actions dur...
Burkean minimalism has long played an important role in constitutional law. Like other judicial mini...
“The most important thing we do is not doing,” Justice Louis D. Brandeis noted of the Supreme Court....
In exercising his war-making powers, the President has historically pursued war-related initiatives ...
Minimalism is a theory, of increasing popularity in the United States in recent decades, that requir...
In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000)...
The diverse theories of constitutional interpretation in the United States share one strong common p...
This Article discusses the United States\u27 commitment to constitutional governance and the account...
The first ten amendments to the United States Constitution, ratified in 1791 and known as the Bill o...
Does the U.S. Supreme Court curtail rights and liberties when the nation’s security is under threat?...
Book review: The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11. By John Y...
Discussion of civil liberties during wartime often omit the fact that there can be no meaningful lib...
In resolving conflicts between individual rights and national security, the Supreme Court has often ...
Journal ArticleA fundamental and potentially healthy tension exists between democratic government, u...
This article contends that the underlying normative assumptions of civil libertarians and national s...
This article examines the accepted axiom that courts should defer to the government\u27s actions dur...
Burkean minimalism has long played an important role in constitutional law. Like other judicial mini...
“The most important thing we do is not doing,” Justice Louis D. Brandeis noted of the Supreme Court....
In exercising his war-making powers, the President has historically pursued war-related initiatives ...