Assignment

Legal and politics of Homeland Security

1 Discuss the responsibilities (legal, political etc.) at the Federal, state and local governments.

What conflicts may arise in a dispute between the Federal and state governments?

In relation to current Homeland Security Issues, do the theories regarding the relationships between the Federal and state governments still apply? Attempt to provide specific evident whether you believe that the theories in the Federalist Papers are applicable or not?

2 According to Federalist #23, why is the Federal government more effective and responsive to issues of national defense than state and local governments?

Discuss the role of Congress in relation to allocation of resources and budgets in relation to national defense.

According to Federalist #41, what specific powers are related to an effective national defense?

Conduct independent research on a recent issue related to homeland security. Based on your research have the branches of the Federal government been effective as compared to the theories in your readings of the Federalist Papers?

3 Choose 2 of the historical eras discussed in Module #2 and how the legal decisions that are highlighted are related to the theory of Homeland Security.

Discuss how public policy decisions defined the discussed cases as legal or constitutional. How and why did the views on the laws change over time (i.e. contextual or dynamic changes, public pressures for change etc.)?

Finally, attempt to make linkages with the Week One readings and how the Founders believed that legal public policy would be created and influenced.

4 Choose two of the legal cases and discuss their views on the following:

Does the Supreme Court have the legal authority to rule on the specific case? What legal justifications does the case provide?

What does the case say about the role of the State and / or Federal governments in the specific case?

Finally, attempt to make linkages with the Week One readings and how the Founders believed that legal public policy would be created and influenced.

5 Choose one of the court cases that we are reading this week. Develop a synopsis of the majority opinion that decided the case. What arguments did the majority opinion use in justifying the ruling of the court?

6 Discuss the relevance of the court cases under the broader umbrella of Homeland Security. What lessons can we extract from the court cases in today's homeland security environment?

7 Discuss the legal rulings in the above cases with a focus on the role of judicial forum (military tribunal v criminal trials), US citizens v non-citizens and the various options for incarceration.

After the legal rulings, how did the Congress and the Executive Branches react?

Do the guidelines found in The Federalist Papers and The Constitution provide any guidelines for the branches of the Federal government in the above discussions?

8 The Commentary for this week discusses several legal issues that have been brought to the forefront since 9/11. Choose one of the legal or policy issues and discuss the following:

- The intent or focus of the law

- Key aspects of the law or policy directive

- Legal basis in support of the law or policy directive vs the legal basis against the law or policy directive

- Based on your readings (and personal research) has the law or policy been effective?

Discuss your selection based on the assigned readings from The Federalist Papers and The Constitution. Does the Executive, Judicial or Legislative Branches have the legal authority for the policy? Why or why not?

9 This week we have an opportunity to revisit the issues from Rasul v Bush and Hamdan v Rumsfeld.

Discuss how the rulings from Rasul and Hamdan changed policy toward the detention of prisoners?

What roles did the Executive and Legislative branches play in the policy changes toward detainees? What arguments did supporters and opponents of the policy changes use to justify their arguments?

Based on your readings of The Federalist Papers and The Constitution, how should the policy changes been implemented by the branches of the Federal government?

10 Discuss the legal background of Boumediene v Bush to include linkages with Congressional actions, Hamdi and Rasul.

Discuss questions of habeas corpus in relation to the court case.

What reasoning (legal or historical) did the Executive Branch use as justification in support of the policy of capturing and detaining non-citizens?

Discuss the majority opinion of the Supreme Court to include the question of whether the US Constitution can be applied to non-citizens and the legality of the Military Commissions Act of 2006?