2005Duke Law Scholarship Repository (Duke University)Open access

WHITE (HOUSE) LIES: WHY THE PUBLIC MUST COMPEL THE COURTS TO HOLD THE PRESIDENT ACCOUNTABLE FOR NATIONAL SECURITY ABUSES

Eric K. Yamamoto

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Abstract

History teaches us how easily the spectre of a threat to "national security" may be used to justify a wide variety of repressive government actions.A blind acceptance by the courts of the government's insistence on the need for secrecy, without notice to others, without argument, and without a statement of reasons would impermissibly compromise the independence of the judiciary and open the door to possible abuse.

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History teaches us how easily the spectre of a threat to "national security" may be used to justify a wide variety of repressive government actions.A blind acceptance by the courts of the government's insistence on the need for secrecy, without notice to others, without argument, and without a statement of reasons would impermissibly compromise the independence of the judiciary and open the door to possible abuse.

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Available abstract

History teaches us how easily the spectre of a threat to "national security" may be used to justify a wide variety of repressive government actions.A blind acceptance by the courts of the government's insistence on the need for secrecy, without notice to others, without argument, and without a statement of reasons would impermissibly compromise the independence of the judiciary and open the door to possible abuse.

Key concepts: Political science, National security, Scrutiny, Law, Separation of powers, Presidential system, Civil liberties, Accountability

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WHITE (HOUSE) LIES: WHY THE PUBLIC MUST COMPEL THE COURTS TO HOLD THE PRESIDENT ACCOUNTABLE FOR NATIONAL SECURITY ABUSES — Research Paper | ScholarLens