The U.S. Supreme Court and the Legitimization of Surveillance

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.