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Sometimes You Have To Go Backwards To Go Forwards: Judicial Review And The New National Security Exception To The Fourth Amendment, Sheerin N. Shahinpoor
Sometimes You Have To Go Backwards To Go Forwards: Judicial Review And The New National Security Exception To The Fourth Amendment, Sheerin N. Shahinpoor
Sheerin N. Shahinpoor
National security concerns have historically provided a strong basis for non-justiciable Executive Branch action; however, post 9/11, such actions have grown to encompass a greater number of American citizens' civil liberties. The federal judiciary's deferential treatment of national-security related conduct, particularly in the realm of suspicionless searches, occurs with dangerous frequency, and any semblance of meaningful review has been nearly eviscerated. The stakes involved in national security are weighty and, in many instances, present the courts with an artificial choice: uphold a potentially over-zealous suspicionless-search program but avoid danger, or strike down such a program in favor of civil liberties …