American American Government and Government and

OrganizationOrganizationPS1301PS1301

Thursday, 2 DecemberThursday, 2 December

AnnouncementsAnnouncements Teaching evaluationsTeaching evaluations Last meeting next Tuesday. Will Last meeting next Tuesday. Will

provide a review sheet and provide a review sheet and attendance will be posted on the attendance will be posted on the web.web.

Public Opinion on Public Opinion on Restricting Civil Liberties Restricting Civil Liberties

in the Fight Against Terrorin the Fight Against Terror Do you think it is necessary to give up Do you think it is necessary to give up

some civil liberties in order to make the some civil liberties in order to make the country safe from terrorism, or do you country safe from terrorism, or do you think some of the government’s think some of the government’s proposals will go too far in restricting proposals will go too far in restricting the public’s civil liberties?the public’s civil liberties? Necessary to give up some civil liberties 49%Necessary to give up some civil liberties 49% Government will go too far 38%Government will go too far 38% Don’t know 13%Don’t know 13%

Source Los Angeles Times Poll Aug 22-25, 2002Source Los Angeles Times Poll Aug 22-25, 2002

Public Opinion on National Public Opinion on National Identity CardsIdentity Cards

Would you favor or oppose the Would you favor or oppose the following measures to curb following measures to curb terrorism: Requiring all citizens to terrorism: Requiring all citizens to carry a national identity card to carry a national identity card to show to a police officer on request?show to a police officer on request? Mid September 2002 Mid September 2002 70% in favor70% in favor Mid August 2002Mid August 2002 58% in favor58% in favor

Source: Pew Research Center Aug 14-25, 2002.Source: Pew Research Center Aug 14-25, 2002.

CBS News/CBS News/New York TimesNew York Times Poll Poll. Nov. 20-24, 2002. N=996 . Nov. 20-24, 2002. N=996 adults nationwide. MoE ± 3 (total sample).adults nationwide. MoE ± 3 (total sample).

.."Which concerns you more right now -- that the "Which concerns you more right now -- that the government will fail to enact strong anti-terrorism laws, government will fail to enact strong anti-terrorism laws, or that the government will enact new anti-terrorism or that the government will enact new anti-terrorism laws which excessively restrict the average person's laws which excessively restrict the average person's civil liberties?"civil liberties?"

  ALLALL

Repub-Repub-licanslicans

Demo-Demo-cratscrats

IndepeIndepen-n-

dentsdents.. %% %% %% %%

Fail to enact strong Fail to enact strong lawslaws 4040 5353 2929 4040

Excessively restrict Excessively restrict libertiesliberties 4444 2929 5959 4343

Both (vol.)Both (vol.) 22 33 11 22Neither (vol.)Neither (vol.) 33 55 11 33Don't knowDon't know 1111 1010 1010 1212

Policy Responses to 9/11Policy Responses to 9/11 National SecurityNational Security

Joint resolution on 14 Sept. ‘to use all necessary Joint resolution on 14 Sept. ‘to use all necessary and appropriate force against nations…that he and appropriate force against nations…that he determines planned…the terrorist attacks”determines planned…the terrorist attacks”

Patriot Act (October 2001)Patriot Act (October 2001) Creation of Office of Homeland Security (OHS)Creation of Office of Homeland Security (OHS)

EconomicEconomic Airline relief bill (October 2001)Airline relief bill (October 2001)

Military ResponseMilitary Response Invasion of AfghanistanInvasion of Afghanistan War in IraqWar in Iraq

Office of Homeland Office of Homeland SecuritySecurity

Modeled after the Modeled after the National Security National Security Council which was Council which was created at the end of created at the end of WW II. Responsible WW II. Responsible for advising the for advising the president. Advisor president. Advisor does not have does not have authority to tell authority to tell federal agencies what federal agencies what to do or how much to to do or how much to spend.spend.

Criticisms of OHSCriticisms of OHS Not a cabinet level department; Not a cabinet level department;

lacks statutory mandate, Senate lacks statutory mandate, Senate confirmation, and budget authorityconfirmation, and budget authority

Impossible to coordinate different Impossible to coordinate different cabinet agencies, ie. CIA, FBI, INS, cabinet agencies, ie. CIA, FBI, INS, DEA, FEMA, etc.DEA, FEMA, etc.

Effective integration is not Effective integration is not guaranteedguaranteed

Patriot Act SummaryPatriot Act Summary Enhances executive branch’s power Enhances executive branch’s power

to conduct surveillance, search for to conduct surveillance, search for money laundering, share intelligence money laundering, share intelligence with criminal prosecutors and with criminal prosecutors and charge/detain suspected terrorists charge/detain suspected terrorists with crimes.with crimes.

Patriot Act ProvisionsPatriot Act Provisions Relaxes restrictions on information sharing between U.S. Relaxes restrictions on information sharing between U.S.

law enforcement and intelligence officers about suspected law enforcement and intelligence officers about suspected terrorists. terrorists.

Makes it illegal to knowingly harbor a terrorist Makes it illegal to knowingly harbor a terrorist Authorizes "roving wiretaps,"Authorizes "roving wiretaps," Allows the federal government to detain non-U.S. citizens Allows the federal government to detain non-U.S. citizens

suspected of terrorism for up to seven days without suspected of terrorism for up to seven days without specific charges. specific charges.

Allows law enforcement officials greater subpoena power Allows law enforcement officials greater subpoena power for e-mail records of terrorist suspects. for e-mail records of terrorist suspects.

Triples the number of Border Patrol, Customs Service Triples the number of Border Patrol, Customs Service Inspectors and Immigration and Naturalization Service Inspectors and Immigration and Naturalization Service inspectors inspectors

Expands measures against money laundering Expands measures against money laundering Eliminates the statute of limitations for prosecuting the Eliminates the statute of limitations for prosecuting the

most egregious terrorist actsmost egregious terrorist acts

Patriot Act – Threat to Civil Patriot Act – Threat to Civil LibertiesLiberties

Change in protections from Change in protections from unreasonable search and seizureunreasonable search and seizure

Detention of non-citizens, Detention of non-citizens, immigrantsimmigrants

Racial profilingRacial profiling

VideoVideo Weighing the Patriot Act: BackgrounWeighing the Patriot Act: Backgroun

dd

Weighing the Patriot Act: Discussion Weighing the Patriot Act: Discussion

The Newshour with Jim Lehrer [PBS]The Newshour with Jim Lehrer [PBS] August 19, 2003August 19, 2003

SC hears case on “Enemy SC hears case on “Enemy Combatants”Combatants”

Hamdi v. RumsfeldHamdi v. Rumsfeld and and Rumsfeld v. Padilla Rumsfeld v. Padilla (2004)(2004) The key figures in the cases are both American The key figures in the cases are both American

citizens: Yaser Hamdi is a U.S.-born Saudi-citizens: Yaser Hamdi is a U.S.-born Saudi-American who was captured during fighting in American who was captured during fighting in Afghanistan in 2001 and Jose Padilla is a former Afghanistan in 2001 and Jose Padilla is a former Chicago gang member who traveled to Afghanistan Chicago gang member who traveled to Afghanistan and Pakistan before being arrested at a Chicago and Pakistan before being arrested at a Chicago airport in 2002 on suspicion of plotting to detonate airport in 2002 on suspicion of plotting to detonate a radioactive "dirty bomb" in the United States. a radioactive "dirty bomb" in the United States.

At issue is At issue is Habeas Corpus:Habeas Corpus: an individual’s right not an individual’s right not to be imprisoned unless charged with a crime, to be imprisoned unless charged with a crime, except in time of “rebellion or invasion”except in time of “rebellion or invasion”

Newshour Analysis.Newshour Analysis.

The 9/11 CommissionThe 9/11 Commission Bi-partisan panel forms the National Bi-partisan panel forms the National

Commission on Terrorist Attacks Commission on Terrorist Attacks Upon the United States Upon the United States

Where the attacks preventable?Where the attacks preventable? Rice testifies before the 9/11 Rice testifies before the 9/11

CommissionCommission Final ReportFinal Report

RecommendationsRecommendations Primary recommendations focused Primary recommendations focused

on centralizing intelligenceon centralizing intelligence Creation of a new intelligence center Creation of a new intelligence center

and a director, reporting directly to the and a director, reporting directly to the president, who would have authority president, who would have authority over all intelligence groups, including over all intelligence groups, including the CIA and the FBIthe CIA and the FBI

Joint Congressional Committee for Joint Congressional Committee for Intelligence for Legislative OversightIntelligence for Legislative Oversight

Other policy options not Other policy options not adopted or abandoned:adopted or abandoned:

TIPS – Terror Information and Prevention System TIPS – Terror Information and Prevention System (govt./private sector workers ‘spies’). A hotline and (govt./private sector workers ‘spies’). A hotline and web-based reporting system using “those who work web-based reporting system using “those who work in the trucking, maritime, shipping and mass transit in the trucking, maritime, shipping and mass transit industries.”industries.”

Terror Futures Market Terror Futures Market Traders could buy and sell futures contracts based on their Traders could buy and sell futures contracts based on their

predictions about what would happen in the region. predictions about what would happen in the region. Racial profiling at airportsRacial profiling at airports Total Information Awareness (TIA)Total Information Awareness (TIA)

One giant database containing all information the One giant database containing all information the government can gather from existing government and government can gather from existing government and private sector data banks. Use sophisticated data mining private sector data banks. Use sophisticated data mining to detect patterns indicating terrorist activity.to detect patterns indicating terrorist activity.