93.4k views
3 votes
Why does Robert Jackson believe that even though military authorities have the power to violate constitutional protections in the time of war, the courts should not approve their actions?

User Ted Spence
by
8.4k points

1 Answer

3 votes

Answer:

Jackson believed that the Constitution is the supreme law of the land and that the courts have a duty to interpret and enforce its provisions, even in times of war. He argued that the courts should not defer to the military authorities' judgment when they are accused of violating constitutional protections.

In Jackson's view, allowing military authorities to violate constitutional protections to promote national security would undermine the Constitution's fundamental principles and ideals. It would also create a dangerous precedent that could be used to justify other violations of constitutional protections in the future.

Jackson acknowledged that wartime poses unique challenges to the government. He noted that some limitations on civil liberties may help ensure national security. However, he believed that these limitations should be narrowly tailored to address specific security concerns. Furthermore, they should be subject to judicial review to ensure that they do not violate constitutional protections.

[Get instant help with essays, answers, and research papers from proffrank(at)g m ail.c om. Sorry for this, but kindly remove this part before submitting the assignment. Let's talk:)]

Overall, Jackson believed that the courts' role in protecting individual liberties and enforcing the Constitution was essential, even during times of war.

Step-by-step explanation:

User Clinton J
by
8.3k points