Using military forces under international auspices and democratic accountability

This article reports on a research project that deals with howto ensure democratic accountability when military forces areused under the auspices of international institutions. The internationalcommunity has developed a range of ways in which military forcescan be used. States have also decided that in some cases militaryforces can be deployed to pacify intra-state as well as inter-stateconflicts. States have developed a mixed system to deal withthe issues of democratic accountability. Although military operationsare conducted under the auspices of international institutions,states maintain control over decisions to deploy their troops. Democraticcontrol and accountability have been maintained through national institutionsand procedures. International authorization, preferably by theUN Security Council, is important to establish internationaland domestic legitimacy, but it is not the essential mechanismfor ensuring democratic accountability.     

Scrutiny Land: Scrutiny Land is the place where government needs to justify to a court its restrictions on the liberties of the people

Scrutiny Land is the place where government needs to justify to a court its restrictions on the liberties of the people. In the 1930s, the Supreme Court began limiting access to Scrutiny Land. While the New Deal Court merely shifted the burden to those challenging a law to show that a restriction of liberty is irrational, the Warren Court made the presumption of constitutionality effectively irrebuttable. After this, only one road to Scrutiny Land remained: showing that the liberty being restricted was a fundamental right. The Glucksberg Two-Step, however, limited the doctrine of fundamental rights to those (1) narrowly defined liberties that are (2) deeply rooted in tradition and history. In this Article, I explain how the ability to define accurately almost any liberty as broad or narrow improperly gives courts complete discretion to protect liberty or not as it chooses. I then describe an alternative that is suggested by the approach taken by the Court in Lawrence v. Texas: a general presumption of liberty. Not only is such an approach practical, it is also more consistent with the text and original meaning of the Constitution than is the Glucksburg Two-Step.     

The politics of minority statistics

Harold Orlans, of Chevy Chase, Maryland, was formerly on the staff of the U.S. Commission on Civil Rights. His books include The Nonprofit Research Institute, Contracting for Knowledge, Private Accreditation and Public Eligibility,and Nonprofit Organizations.Philip Lyons helped to gather the information in this article.