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The Judicial Power of the PurseHow Courts Fund National Defense in Times of Crisis$
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Nancy Staudt

Print publication date: 2011

Print ISBN-13: 9780226771120

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226771151.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 26 September 2021

Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
The Judicial Power of the Purse
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226771151.003.0001

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

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