LEVELS OF LEGITIMACY

Abstract

The Clapper case seems to have created a special, heightened tier of standing for national security cases. Suits regarding this issue are dismissed and the statute challenged is kept in force without a ruling on the merits. The doors of the courthouse are shut and, as a result, the Court declines to resolve or even address crucial constitutional questions raised by a policy, provided it is designed to further national security. In adopting this new, tiered approach, the Court has failed in its responsibility —as essential in times of war as well as peace— to hold the legislative and executive branches accountable to the law