Chapter

Pulling the Purse Strings: An Information Theory of Crisis Jurisprudence

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/9780226771151.003.0003
Pulling the Purse Strings: An Information Theory of Crisis Jurisprudence

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This chapter introduces the information theory of crisis jurisprudence, positing that judges wield their fiscal power as a double-edged sword with the goal of assuring the nation consumes the preferred level of defense. The account of judicial behavior presented forecasted that federal judges will use their decision-making powers to promote their preferred level of national safety and security, although they may not explicitly state this as their goal. Congress and the president may assume the factors that influence judicial decision making in times of peace will also be present in times of war. Investigations that focus on circumstances in which the president cues a desire to increase the nation's military activities are explored. Judges were experts in law and constitutional matters and thus will not rely on their own information and expertise when making the determination to pursue more or less defense.

Keywords: crisis jurisprudence; federal judges; fiscal power; national safety; national security; defense; Congress; president

Chapter.  9600 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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