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<a href="http://www.accessmylibrary.com/coms2/summary_0286-18468701_ITM" title="Facts and information about The new juristocracy.">The new juristocracy.</a>
The new juristocracy.
New Criterion
|
September 01, 2006 |
McCarthy, Andrew C. |
COPYRIGHT 2006 Foundation for Cultural Review. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright
From the Founding right up until the still-quaking bombshell of Hamdan v. Rumsfeld, issued at the end of the Supreme Court's term in late June, the primary imperative of national government was to protect the security of the governed from hostile outsiders. The Framers, however, had an ingenious gloss on this venerable first principle. In the great American experiment in republican democracy, this power of self-preservation--what Justice Felix Frankfurter, in another era of grave peril, called "the most pervasive aspect of sovereignty"--would repose only in those political actors directly accountable to the people whose lives hung in the balance.
The arrangement ...
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Source: HighBeam Research, The new juristocracy.