Hostname: page-component-8448b6f56d-dnltx Total loading time: 0 Render date: 2024-04-18T05:41:30.227Z Has data issue: false hasContentIssue false
  • English
  • Français

Control over Executive Branch Information: Who “Judges”?

Published online by Cambridge University Press:  21 June 2013

Nancy Kassop
Nancy Kassop*
Affiliation:
State Universityof New York at New Paltz
Get access Rights & Permissions [Opens in a new window]

Extract

You may be forgiven if you associate Lou Fisher's name primarily with his robust defense of Congress's preeminent authority in national security and budgetary matters, or with the idea that courts are only one of three co-equal players in the constitutional dialogue that occurs among all of the branches, or with the related effort to disabuse scholars, the press, and the public of the profoundly incorrect notion that courts have “the last word” in constitutional interpretation. All of these themes are, indeed, key components of Fisher's vast body of scholarly work and public testimony, and they will be forever linked to him as their progenitor. Just as solidly grounded in impeccable research and unassailable logic is Fisher's work on executive power. It fits snugly within his Madisonian emphasis on a government of limited and shared powers, enforced through effective checks and balances, where each institution exercises its respective power while overseeing the other branches to ensure respect for constitutional boundaries.

Type
Symposium: Law and (Disciplinary) Order: A Dialogue about Louis Fisher, Constitutionalism, and Political Science
Information
PS: Political Science & Politics , Volume 46 , Issue 3 , July 2013 , pp. 498 - 504
Copyright
Copyright © American Political Science Association 2013 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

REFERENCES

“A Review of the FBI's Use of National Security Letters: Assessment of Corrective Action, and Examination of NSL Usage in 2006.” 2008. Office of the Inspector General. Department of Justice. http://www.justice.gov/oig/special/s0803b/final.pdf.Google Scholar
ACLU v. U.S. Department of Justice. 2013. No. 1:12-cv-00794-CM.Google Scholar
Arar v. Ashcroft. 2006. 414 F. Supp. 2d 250 (E.D. N.Y.).Google Scholar
Brief of Amici Curiae. 2013. Electronic Frontier Foundation v. U.S. Department of Justice. USCA 12-5363. March 22. http://www.citizensforethics.org/page/-/PDFs/Legal/3_22_2013_Amicus_Brief_Electronic_Frontier_Foundation_v_Justice_Dept_re_OLC.pdf?nocdn=1.Google Scholar
Classified National Security Information. 1995. Executive Order 12958. Available at http://www.fas.org/sgp/clinton/eo12958.html.Google Scholar
Classified National Security Information. 2010. Executive Order 13526. Federal Register. Vol. 75. No. 2. January 5. Available at http://www.gpo.gov/fdsys/pkg/FR-2010-01-05/pdf/E9-31418.pdf. This order replaces Executive Order 12958 that was issued by President Clinton in 1995 and amended by President Bush in 2003.Google Scholar
Committee for Nuclear Responsibility, Inc. v. Seaborg. 1971. 463 F.2d 788, 793 (D.C. Cir.).Google Scholar
Electronic Frontier Foundation v. U.S. Department of Justice. 2012. No. 1:11-cv-00939-RJL (D.D.C.). Also available at 2012. U.S. Dist. LEXIS 135505.Google Scholar
El-Masri v. Tenet. 2006. 437 F. Supp. 2d 530 (R.D. Va.).Google Scholar
Fisher, Louis. 1988. Constitutional Dialogues: Interpretation as Political Process. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Fisher, Louis. 2006. In the Name of National Security: Unchecked Presidential Power and the Reynolds Case. Lawrence: University Press of Kansas.Google Scholar
Fisher, Louis. 2007. “The State Secrets Privilege: Relying on Reynolds.” Political Science Quarterly 122: 3.CrossRefGoogle Scholar
Fisher, Louis. 2008a. U.S. House of Representatives. Statement before the House Committee on the Judiciary, “Reform of the State Secrets Privilege.”Google Scholar
Fisher, Louis. 2008b. U.S. Senate. Statement before the Senate Committee on the Judiciary. “Examining the State Secrets Privilege: Protecting National Security While Preserving Accountability. “Google Scholar
Fisher, Louis. 2008c. “Why Classify Legal Memos?” National Law Journal, July 14.Google Scholar
Fisher, Louis. 2008d. “Congressional Access to National Security Information.” Harvard Journal on Legislation 45, 219.Google Scholar
Fisher, Louis. 2009. U.S. House of Representatives. Statement before the Subcommittee on Constitution, Civil Rights and Civil Liberties. House Committee on the Judiciary. “The State Secrets Privilege Act of 2009.”Google Scholar
Fisher, Louis. 2013. “What Grounds for Secrecy?” National Law Journal, January 21.Google Scholar
“Further Amendment to EO 12598, as Amended, Classified National Security Information. Executive Order EO 13292.” 2003. http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.html. March 28.Google Scholar
Griswold, Erwin N. 1989. “Secrets Not Worth Keeping.” Washington Post, February 15.Google Scholar
Hepting v. AT&T Corp. 2006. 439 F. Supp. 2d 974 (N.D. Cal.).Google Scholar
Herring v. U.S. 2006. 547 U.S. 1123.CrossRefGoogle Scholar
Hirabayashi v. U.S. 1943. 320 U.S. 81.Google Scholar
Korematsu v. U.S. 1944. 323 U.S. 214.Google Scholar
Larson v. Department of State. 2009. 565 F. 3d 857 (D.C. Cir.).Google Scholar
New York Times v. U.S. 1971. 403 U.S. 713.Google Scholar
OLC FOIA Reading Room. 2009. Department of Justice. http://www.justice.gov/olc/olc-foia1.htm.Google Scholar
“Open Justice Department's Legal Interpretations to the Public.” 2013. Washington Post, April 1.Google Scholar
Page Proof Brief of Appellant. 2013. Electronic Frontier Foundation v. U.S. Department of Justice. USCA 12-5363. March 15. https://www.eff.org/sites/default/files/eff_olc_opinion_dc_circuit_brief.pdf.Google Scholar
Reynolds v. U.S. 1953. 345 U.S. 1.CrossRefGoogle Scholar
Scott Shane, Charlie Savage, and the New York Times v. U.S. Department of Justice. 2013. No. 1:12-cv-00794-CM.Google Scholar
Speeches 2009–2012. “Remarks by the President on National Security,” http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-On-National-Security-5-21-09/; “Attorney General Eric Holder Speaks at Northwestern University School of Law,” http://www.justice.gov/iso/opa/ag/speeches/2012/ag-speech-1203051.html; John O. Brennan, “The Efficacy and Ethics of U.S. Counterterrorism Strategy,”http://www.wilsoncenter.org/event/the-efficacy-and-ethics-us-counterterrorism-strategy; Harold Hongju Koh, “The Obama Administration and International Law,”http://www.state.gov/s/l/releases/remarks/139119.htm; Jeh Johnson, “National Security Law, Lawyers and Lawyering in the Obama Administration,”http://www.cfr.org/national-security-and-defense/jeh-johnsons-speech-national-security-law-lawyers-lawyering-obama-administration/p27448; and “Secretary of Defense Leon E. Panetta and Canadian Minister of National Defense Peter MacKay,”http://www.defense.gov/transcripts/transcript.aspx?transcriptid=4890.Google Scholar
“Withdrawal of Office of Legal Counsel CIA Interrogation Opinions.” 2009. Office of Legal Counsel. Department of Justice. http://www.justice.gov/olc/2009/withdrawalofficelegalcounsel.pdf.Google Scholar