Legal Process Project

03 Sep Legal Process Project

The Legal Process Project corresponds to the following course objectives:

• Describe the structure of the Constitution and the powers and rights conferred in it.
• Name historic threats to homeland security and describe how the nation formed policies to address them.
• Describe how public policy evolves into law through the interaction of the legislative and executive branches.
• Describe how the judicial branch reviews laws and creates public policy by finding that the laws sponsored by the legislative or executive branches are consistent or inconsistent with the Constitution or other existing laws.
• Identify and discuss the pertinent legislative acts of the Global War on Terror.

(II)   Tasks

(a) Analysis of the Constitution

There are five (5) tasks for the Legal Process Project, as follows:

Legal Process Project Tasks:

(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, and explain why; choose the institutional power and the personal right you would remove, and explain why; and add a power and a right that you would include, and explain why (two to four pages, double-spaced).

(2) Homeland Security Legislative Issues

Write a (4-6 page double spaced) legislative analysis of only 1 of the following bills from the  114th Congress. Your analysis should include consideration of the:

• Legislative History
• Agency Involvement
• Cost Implications (CBO Score); and
• Committee Reports
• Pros and Cons of the legislation
• Recommendation to the head of the agency on implementing the act
• APA compliance to APA 6th including citations and reference page

Pick only 1 from the following:.

Public Law 114-268 First Responder Anthrax Preparedness Act

• Report 114-251: Report of the Committee on Homeland Security and Governmental Affairs to accompany S. 1915
• CBO Score: Implementation cost $4 million over 2016-2020 period. Enactment would no directly effect spending or revenues or increase net direct spending or on-budget deficits. It would not affect state, local, or tribal government budgets
• Public Law 114-143 Integrated Public Alert and Warning System Modernization Act of 2015.
  • Report 114-73: Report of the Committee on Homeland Security and Governmental Affairs to accompany S. 1180
  • CBO Score: Implementation would cost $37 million over 2015-2020 period. Enactment would not impact direct spending or revenues.

(3) Identification of Two Pre-9/11 Homeland Security Events

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. Identify and describe two such events in U.S. history that occurred prior to September 11, 2001, and explain why this event/threat was similar to current homeland security events.( Two pages double space)

(4) Legal Research Exercise

Beginning with Executive Order (EO) 13769 signed on January 21, 2017, analyze Trump’s travel ban in terms of the Supreme Court decisions, district court decisions, congressional actions, and presidential revision of the EO on March 6, 2017. Your paper should clearly discuss the EO’s possible impact on the National Security agenda of protecting citizens from foreign national terrorists while evaluating agency implementation, and the role federal, state, local, and tribal governments to support your argument. All requirements of prompt and format must be met to receive full credit.

Format:

• 4 page, typed, paper in APA format with proper citations.
• Double-space
• Times New Roman, 12 point font
• References page (APA format)
• Pros vs cons on the EO
• Recommendation to your superior on the implementation
• What will be the outcome by the Supreme Court and why

(e) Statute Draft

For this task, you need to identify the next great idea in homeland security. Articulate and format your idea as the introduction to a new legislative act. Below are a few paragraphs from the USA PATRIOT Act as an example of how to format the task:

AN ACT

To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE–This Act may be cited as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001.” 

TITLE I—ENHANCING DOMESTIC SECURITY AGAINST TERRORISM 

SEC. 101. COUNTERTERRORISM FUND. 

(a) ESTABLISHMENT; AVAILABILITY–There is hereby established in the Treasury of the United States a separate fund to be known as the “Counterterrorism Fund,” amounts in which shall remain available without fiscal year limitation—

(1) to reimburse any Department of Justice component for any costs incurred in connection with—

(A) reestablishing the operational capability of an office or facility that has been damaged or destroyed as the result of any domestic or international terrorism incident;

(B) providing support to counter, investigate, or prosecute domestic or international terrorism, including, without limitation, paying rewards in connection with these activities; and

(C) conducting terrorism threat assessments of Federal agencies and their facilities; and

(2) to reimburse any department or agency of the Federal Government for any costs incurred in connection with detaining in foreign countries individuals accused of acts of terrorism that violate the laws of the United States.

(b) NO EFFECT ON PRIOR APPROPRIATIONS–Subsection (a) shall not be construed to affect the amount or availability of any appropriation to the Counterterrorism Fund made before the date of the enactment of this Act.

SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST ARAB AND MUSLIM AMERICANS. 

(a) FINDINGS–Congress makes the following findings:

(1) Arab Americans, Muslim Americans, and Americans from South Asia play a vital role in our Nation and are entitled to nothing less than the full rights of every American.

(2) The acts of violence that have been taken against Arab and Muslim Americans since the September 11, 2001, attacks against the United States should be and are condemned by all Americans who value freedom.

(3) The concept of individual responsibility for wrongdoing is sacrosanct in American society, and applies equally to all religious, racial, and ethnic groups.

(4) When American citizens commit acts of violence against those who are, or are perceived to be, of Arab or Muslim descent, they should be punished to the full extent of the law.

(5) Muslim Americans have become so fearful of harassment that many Muslim women are changing the way they dress to avoid becoming targets.

(6) Many Arab Americans and Muslim Americans have acted heroically during the attacks on the United States, including Mohammed Salman Hamdani, a 23-year-old New Yorker of Pakistani descent, who is believed to have gone to the World Trade Center to offer rescue assistance and is now missing.

(b) SENSE OF CONGRESS–It is the sense of Congress that—

(1) the civil rights and civil liberties of all Americans, including Arab Americans, Muslim Americans, and Americans from South Asia, must be protected, and that every effort must be taken to preserve their safety;

(2) any acts of violence or discrimination against any Americans be condemned; and

(3) the Nation is called upon to recognize the patriotism of fellow citizens from all ethnic, racial, and religious backgrounds.