Legal Process Project

(1) Analysis of the Constitution

Read and analyze the Constitution and Bill of Rights. Choose the institutional power and the personal right you believe to be the most important in the context of homeland security. Explain why; choose the institutional power and the personal right you would remove, and explain why, and add power and a right that you would include and explain your rationale. (2-4 pages).

(2) Pre-9/11 Threat Events and the Legal and Political Framework for the Homeland Security Era

As we study this new concept of "homeland security," we quickly learn that threats to national security are not new. In fact, the United States faced major threats to its existence even before it was officially a nation.  In dealing with the events from a legal and political perspective, the balance between freedom and security was a challenge for each these threat periods as well.  Identify and describe two such events or threat periods in U.S. history that occurred prior to September 11, 2001 and explain why this event/threat was similar to current homeland security events. Include a brief discussion of laws or important Supreme Court cases that helped shape the legal environment in the post 9/11 era (2-4 pages).

(3) Legal Counsel Exercise

You are the legal counsel for a militant nongovernmental group. Examine the scenario below and address the specific question in your paper. (3-5 pages) 

This is a foreign group, with the capability to attack the U.S. at home and abroad.  Members of the group have been captured abroad and both transferred to other countries and detained at Guantanamo Bay.  

Scenario and Questions:  

The Scorpions are an international terrorist organization plotting to cause harm against the United States and its interests. The President has learned of this plausible threat.

1) If the United States learns about the Scorpions Plan is the President empowered to order military attacks against the Scorpions? If yes, how would he most likely justify his action?

2) If the U.S Military detains the Scorpions and transfers them to Saudi Arabia for questioning, What is the process called? Does U.S public policy allow for such a practice? If the current U.S policy is to allow such a practice, is this policy lawful?

 3) As part of the Global War on Terror, many captured fighters were sent to Guantanamo Bay, Cuba. If Scorpion members are taken there, is it likely that they will be able to access the U.S Federal Court system and file litigation for their freedom?

4) Would subjects detained at Guantanamo Bay be subject to military tribunals? Has it been used in the past? Is the U.S currently using military tribunals, and if so, what is their status?

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