As set forth in the syllabus, you can write a traditional research paper, a case note, or a position paper. If you opt to write a research paper, the research paper must address a legal issue raised in this class or the class readings. Also, a research paper must do more than summarize your findings. Instead, your research paper must have a clear thesis. A thesis is a statement that you seek to prove with evidence in your paper. Because this class is a Legal Studies class, you should limit your evidence to legal sources, i.e., cases, law review articles, and other primary and secondary legal sources.
If you write a case note, you should select a recent Supreme Court case concerning a homeland security topic and then provide your analysis of that majority’s reasoning and the legal effects of that case. Please check out the following handout that describes how to write a case note: Case Note(this link opens in a new window/tab)
The final type of paper is called a position paper. In this type of paper, you should provide your legal opinion on a contemporary homeland security law issue. For example, you may want to write a position paper on the contemporary debate over immigration, the prevention of terrorism, or another issue in the news. To support your position, you need to use legal sources. You can find additional legal sources by searching the school’s online library.
Once you have decided on your paper’s format, you need to select a topic and then try to formulate a tentative thesis as well as a short list of your possible sources. You should post your paper topic along with a tentative thesis and sources in the designated Discussion and then comment or critique the topics of two of your peers. Then, please be ready to answer any questions that I may have about your topic. additional info:
Home Grown Terrorism
Now, let’s explore the cases and materials in the Recommended Reading folder that deal with the constitutionality of surveillance programs. With the rise of home-grown terrorism and threats posed by agents of foreign governments as well as organizations in the United States and overseas, the constitutionality of various government programs raised questions of the rights of citizens and non-citizens within the United States and abroad.
In the first case, i.e., United States v. United States Dist. Ct., 407 U.S. 297 (1972), the Supreme Court explored the constitutionality of surveillance of members of a small radical group called the White Panther Party. The White Panther Party, influenced by the famous Black Panther Party, advocated for violent revolution in the United States. Citing the national security threat posed by the group, various agencies of the United States government began to investigate the group using various measures, including the use of warrantless wiretaps. Based on the warrantless wiretaps of members of the group, the government obtained convictions of several members of the group. On appeal to the Supreme Court, the Supreme Court held that the government violated the United States Constitution by not obtaining a warrant before commencing surveillance of the members of the group.
In the second case, i.e., United States v. Truong Dinh Hung, 629 F.2d 908 (4th Cir. 1980), the Court of Appeals for Fourth Circuit held that there were certain limitations on foreign intelligence exception to the warrant rule. In Truong Dinh Hung, the Court of Appeals for the Fourth Circuit held that warrantless surveillance of people living in the United States under the foreign intelligence exception could only occur if the persons were either agents or collaborators of a foreign government. The Court of Appeals for the Fourth Circuit further held that the executive branch should not rely upon the foreign intelligence exception to the warrant rule when the executive branch predominately sought criminal prosecution of the individual under surveillance.
Wrap-upThis week, we will discuss the use of drones by law enforcement and the possible First and Fourth Amendment issues raised by the use of drones. Please make sure that you read each of the Required Readings, as well as review each of the Recommended Readings, as the readings will provide you with added insight to address Part II of this week's prompt. Also, remember that after you post your proposed paper in the Discussions, you should comment as well as critique the proposals of at least two of your peers. And, as always, remember that I am here if you need any help as you work on the discussions and paper proposal.
Week 3 Position Paper
Instructions
Before participating in the Week 3 Discussion, please submit your written position paper related to the case for grading. You should base your position paper related to the case on the Recommended and Required Readings as well as some limited independent research. Please do not submit your thoughts on Parts II of this week's discussion via the assignment. You should cite any sources that you relied upon in crafting your position paper.
Your position paper should be no longer than one or two pages. You can post your position paper as part of your initial post in the discussions