Briefly describe the constitutional issues that illustrate points where homeland security and policies intersect with the Constitution

Question

What will be an ideal response?

Answer 1

• The main body of the Constitution separates powers and prescribes duties for each branch of government.
• Powers not explicitly given to the federal government go to the states. The Bill of Rights also comes into play by protecting free speech and the right to
• assemble (First Amendment), preventing the government from performing illegal search and seizure (Fourth Amendment), and preventing self-incrimination (Fifth Amendment).
• The Sixth Amendment helps to protect these rights by ensuring that suspects have access to an attorney.
• The Fourteenth Amendment ensures that suspects cannot lose their rights except by the due process of law.
• The Constitution guides the United States in war and peace, and it allows certain actions in times of emergency—actions that would be prohibited if there were no emergency.
• This makes terrorism a constitutionally cloudy area obscuring the boundary separating war and peace, because many people disagree about the nature of terrorism.
• For example, America's enemies of September 11 used terrorists trained in military- style camps to attack civilian targets and military forces engaged in peacetime activities.