Defenders of Liberty or Champions of

The terrorist attacks of September 11, 2001, and the subsequent responses by the U.S. federal government have raised fundamental questions about civil liberties in both domestic and international laws. As a result, the U.S. judiciary, out of its responsibility for interpreting the Constitution, has assumed a crucial role in defining boundaries of domestic and foreign policy, and in balancing concerns about security with the protection of liberty. Utilizing a sophisticated blend of quantitative and qualitative analysis, Kirk A. Randazzo examines two main questions: To what extent do federal judges defend liberty or champion security when adjudicating disputes? And to what extent does the hierarchal structure of the federal judiciary influence decisions by lower court judges? There are, he argues, disturbing indications that the federal judiciary as a whole are not defenders of liberty. Furthermore, lower court judges strategically anticipate the decisions of higher courts and constrain their behavior to avoid reversal.

List of Figures	p. vii
List of Tables	p. viii
Acknowledgments	p. ix
Introduction	p. 1
A Historical Look at the Federal Courts and U.S. Foreign Policy	p. 3
The Scope of the Project	p. 6
Organization of the Book	p. 7
Theoretical Foundations	p. 9
Definitions of U.S. Foreign Policy	p. 9
Types of Foreign Policy Cases Adjudicated in Federal Courts	p. 11
Constitutional/Legal Theories	p. 12
International Relations/Foreign Policy Theories	p. 14
Theories of Judicial Politics	p. 16
Conclusions	p. 19
Individual Examinations	p. 21
The Paradox of Foreign Affairs Litigation	p. 22
Theoretical Expectations	p. 25
Research Design and Methods	p. 28
Empirical Results	p. 31
Conclusions	p. 34
The Hierarchy of Justice and the Courts of Appeals	p. 36
Historical Development of the Federal Judiciary	p. 37
Theories of Judicial Compliance and Structural Hierarchies	p. 38
Formal Model of Appeals Court Decision Making	p. 42
Research Design and Methods	p. 51
Empirical Results	p. 53
Conclusions	p. 58
The Hierarchy of Justice and the District Courts	p. 60
Historical Development of the District Courts	p. 61
Policy Making in a Judicial Hierarchy	p. 62
Formal Model of District Court Decision Making	p. 65
Research Design and Methods	p. 70
Empirical Results	p. 73
Conclusions	p. 77
Defenders of Liberty or Champions of Security?	p. 79
Analytical Contributions	p. 80
Civil Liberties Protection in a Post-September 11 Environment	p. 82
Quantitative Analysis of Lower Courts	p. 83
Qualitative Analysis of the Supreme Court	p. 85
Conclusions	p. 89
Appendices	p. 91
Coding Rules	p. 91
Litigant Codes	p. 98
Issue Codes	p. 106
Notes	p. 109
References	p. 114
Index	p. 123
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Defenders of Liberty or Champions of Security? : Federal Courts, the Hierarchy of Justice, and U. S. Foreign Policy

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