Chapter

Introduction

in The Judicial Power of the Purse

Published by University of Chicago Press

Published in print May 2011 | ISBN: 9780226771120
Published online March 2013 | e-ISBN: 9780226771151 | DOI: http://dx.doi.org/10.7208/chicago/9780226771151.003.0001
Introduction

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This book argues that while Court Holding and Cumberland seem confusing and irreconcilable on their face, the cases are in fact wholly predicable if important factors are taken into account, namely the existence of wartime conditions. It tries to convince readers that the justices use cases such as Court Holding and Cumberland to advance not only their own, but also the nation's goals. The thesis of the book is that Supreme Court justices hold an implicit power of the purse, a power that can be used to realize extralegal and budget-related objectives. It sets forth an information theory of crisis jurisprudence. In addition, it expects federal judges to respond to foreign policy crises in a way that differs from the decision making that transpires in periods of domestic disorder and peacetime generally. Finally, an overview of the chapters included in this book is given.

Keywords: justices; Court Holding; Cumberland; Supreme Court; crisis jurisprudence; federal judges; foreign policy

Chapter.  6898 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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