Overview

Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

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9780226771144

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Reviews

A significant advance on conventional wisdom about judicial behavior during wartime emergencies. With admirable clarity, Nancy Staudt provides evidence that the judiciary is an active partner in crisis governance - finding ways to put pools of cash at the government's disposal when it does not use its taxing powers aggressively enough. (Eric Posner, University of Chicago Law School)

Author Information

Nancy Staudt is the Class of 1940 Research Professor of Law at Northwestern University School of Law.

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