Publication Date
Winter 2014
Journal
University of Baltimore Law Review
Abstract
The state secrets privilege, originally established in United States v. Reynolds, has evolved into a powerful tool for the Executive to shield actions from judicial scrutiny, undermining the rule of law and constitutional checks and balances. This expansion, driven by judicial deference and circuit court interpretations, now prioritizes national security over accountability, threatening core legal principles. The article argues for reform to balance national security concerns with judicial oversight and individual rights.
Volume
44
Issue
1
First Page
37
Last Page
104
Publisher
University of Baltimore School of Law
Disciplines
Courts | Judges | Jurisprudence | Law | National Security Law | President/Executive Department
Recommended Citation
David Rudenstine,
The Courts and National Security: The Ordeal of the State Secrets Privilege,
44
U. Balt. L. Rev.
37
(2014).
https://larc.cardozo.yu.edu/faculty-articles/547
Included in
Courts Commons, Judges Commons, Jurisprudence Commons, National Security Law Commons, President/Executive Department Commons
