Homeland Security, law homework help

Homeland Security

Question 1 Use the IRAC method (discussed below) to outline Reid v. Covert or Duncan v. Kahanamoku or Boumediene v. Bush.Produce a 6- to 8-page analysis utilizing the IRAC—issue, rule, analysis, conclusion—method
in the module 2 commentary. IRAC is a method used to deconstruct a
judicial opinion, but it can be used for anything that you read.
Identifying and assessing the merits of an argument or position are
academic skills that you will continue to apply and develop. Use this
template for your paper with the American Psychological Association
(APA) style and format, 6th edition.

Grades are based on the following:

• Identification and articulation of the specific, general, and subissue(s), rule, analysis, and conclusion
• Description of the dicta (opinions of the court on related issues, and not part of the official ruling)
• Fully performing the task assigned
• Offering creative and/or critical opinions
• Expressing yourself clearly and concisely
• Forming logical arguments and conclusions
• Grammar and compliance to APA (6^th)

Question 2 :Using an existing homeland security-related policy, present a 6- to 8-page
executive briefing presenting the legal basis for the policy. The
format should comply with APA (6th) using the executive briefing
template.

Grades are based on the following:

• Identification of the legal basis for the policy
• Fully performing the task assigned
• Offering creative and/or critical opinions
• Expressing yourself clearly and concisely
• Forming logical arguments and conclusions
• Use of the executive briefing template
• Grammar and compliance to APA (6th)

Question 3: 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

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-space.

• Two Examples of Homeland Security Issues in Art or Popular Culture

For
this task, identify two expressions, representations, statements, etc.
of a homeland security topic and explain the relation and significance
of the work.

For example, English singer Billy Bragg wrote and
recorded “Help Save the Youth of America.” Take a look at the lyrics
online and see below for a sample commentary:

In the song,
Bragg presciently identifies a number of topics that will become central
in the homeland security dialogue. Written in 1986, some 15 years
before the events of September 11^th,
Bragg’s core theme circles around the familiar accusation that U.S.
foreign policy is too isolationist. This accusation has been made
numerous times, most notably during the twentieth century’s two world
wars. This is an ironic argument since the United States ultimately
became a major contributor, and arguably—perhaps even obviously—the
catalyst for victory in each conflict.

Bragg also opines
upon globalization, U.S. military engagement, illegal immigration,
consumerism, crime, and the general narcissism/naïveté of American
culture. These topics …

• 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.

• Legal Counsel Exercise

Assume
that you are legal counsel for the Scorpions, a militant
nongovernmental subset of a Serbian political opposition group, the
Bosniak Srpska. During a strategic planning meeting with top officials,
Scorpion Subcommander (there are no commanders in the Scorpions in order
to mitigate assassinations) Bensayah Belkacem is discussing his plans
to commit violent attacks against U.S. citizens and property.
Subcommander Belkacem confides that these acts will be performed on
behalf of the internationally recognized government of Pasdora, a small
country in Southwest Asia near the Caspian Sea.

Subcommander
Belkacem knows that you have been educated in the United States and have
studied legal and political issues involving U.S. domestic and foreign
policy, particularly in the areas of homeland security and the U.S.’s
professed Global War on Terror/Overseas Contingency Operations. During
the meeting, your opinion on the following matters is asked:

1) If
the United States learns about the Scorpions’ plan, is President Obama
empowered to order a military attack against us? If yes, how would he
most likely justify his actions?

2) If U.S. Army soldiers
detain our fighters and transfer them to Saudi Arabia (a country known
to torture people) for questioning, what is this 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 its Global War on Terror, the Bush Administration took many captured
fighters to Guantanamo Bay, Cuba. If our soldiers are taken there, is
it likely that they—none of whom are United States citizens—will be able
to access the U.S. federal court system and wage litigation warfare?
What is the background and current status of this issue?

4) What
is a military tribunal? Has the United States used military tribunals
in the past? Is the United States currently using military tribunals
and, if so, what is their status?

5) Is it true that the United
States spies on its own citizens? What are some of the governmental
organizations/agencies involved in doing this? Is it lawful for the
military to participate in this type of domestic activity?

6) If we believe the United States is going to attack us, is it lawful for us to attack them first? How would we justify it?

7) We
understand the United States has a document called the Constitution.
Describe its framework and the main concepts, powers, and rights that it
contains?

8) Which branch of the U.S. federal government is the most powerful?

(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.

Write 8-10 page