The Judicial Power of the Purse: How Courts Fund National Defense in Times of Crisis
Nancy Staudt
Abstract
Congress and the president are not the only branches that deal with fiscal issues in times of war. This book focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. It argues that a judicial power of the purse becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the ... More
Congress and the president are not the only branches that deal with fiscal issues in times of war. This book focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. It argues that a judicial power of the purse becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation's interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. The book focuses on environmental factors in judicial decision making.
Keywords:
Congress,
president,
fiscal,
federal courts,
warfare,
national defense,
judioal decision making
Bibliographic Information
Print publication date: 2011 |
Print ISBN-13: 9780226771120 |
Published to Chicago Scholarship Online: March 2013 |
DOI:10.7208/chicago/9780226771151.001.0001 |