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.