The book analyzes the U.S. Supreme Courts adjudication in cases concerning surveillance, focusing on how justices legitimized almost uncontrolled surveillance of American citizens by government agencies. The Author uses the legitimate end approach to determine the state of U.S. democracy and the rule of law.
The book analyzes the U.S. Supreme Courts adjudication in cases concerning surveillance, both domestic and foreign intelligence, focusing on how judicial activism or judicial restraint legitimized almost uncontrolled surveillance of American citizens by government agencies. The purpose of the research is to present the impact of the judiciary on the scope of government surveillance and, in a broader perspective, on the state of American democracy and the rule of law. By reviewing most important SCOTUS opinions regarding surveillance, and by using the famous legitimate end approach from McCulloch v. Maryland, the Author determines which values have prevailed in judicial interpretation of the constitution: security or freedom. Furthermore, the book evaluates legal and political arguments used by the Court to justify imposing broad surveillance measures, including national security paradigm and secrecy, which have strengthened the position of the executive in the U.S. governmental system.
Introduction: Surveillance as Governance
Chapter One McCulloch v.
Maryland and the
Legitimate End Approach
Chapter Two The Fourth Amendment and Domestic
Surveillance
Chapter Three The National Security Paradigm in SCOTUS
Surveillance Adjudication
Chapter Four The Legitimization of Surveillance
Epilogue: The Illusion of Transparency Bibliography Index
Pawe Laidler is Professor of political science at the Jagiellonian University in Krakow, Poland, and an expert in American studies and law. He has written books and articles on U.S. constitutionalism, the judicialization of politics, federal election campaigns, and surveillance. Laidler has also been a visiting scholar and researcher at American and European universities, including the Catholic University of America, SDSU, and Freie Universität Berlin.
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