1. American Government and Organization PS1301 Thursday, 2 December

2. Announcements Teaching evaluations Teaching evaluations Last meeting next Tuesday. Will provide a review sheet and attendance will be posted on the web. Last meeting next Tuesday. Will provide a review sheet and attendance will be posted on the web.

3. Public Opinion on Restricting Civil Liberties in the Fight Against Terror Do you think it is necessary to give up some civil liberties in order to make the country safe from terrorism, or do you think some of the government’s proposals will go too far in restricting the public’s civil liberties? Do you think it is necessary to give up some civil liberties in order to make the country safe from terrorism, or do you think some of the government’s proposals will go too far in restricting 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, 2002 Source Los Angeles Times Poll Aug 22-25, 2002

4. Public Opinion on National Identity Cards Would you favor or oppose the following measures to curb terrorism: Requiring all citizens to carry a national identity card to show to a police officer on request? Would you favor or oppose the following measures to curb terrorism: Requiring all citizens to carry a national identity card to show to a police officer on request? Mid September 2002 70% in favor Mid September 2002 70% in favor Mid August 200258% in favor Mid August 200258% in favor Source: Pew Research Center Aug 14-25, 2002. Source: Pew Research Center Aug 14-25, 2002.

5. CBS News/New York Times Poll. Nov. 20-24, 2002. N=996 adults nationwide. MoE ± 3 (total sample).. "Which concerns you more right now -- that the government will fail to enact strong anti-terrorism laws, or that the government will enact new anti-terrorism laws which excessively restrict the average person's civil liberties?" ALL Repub- licans Demo- crats Indepen- dents. %% Fail to enact strong laws 40532940 Excessively restrict liberties 44295943 Both (vol.) 2312 Neither (vol.) 3513 Don't know 11101012

6. Policy Responses to 9/11 National Security National Security Joint resolution on 14 Sept. ‘to use all necessary and appropriate force against nations…that he determines planned…the terrorist attacks” Joint resolution on 14 Sept. ‘to use all necessary and appropriate force against nations…that he 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)Office of Homeland Security Office of Homeland Security Economic Economic Airline relief bill (October 2001) Airline relief bill (October 2001) Military Response Military Response Invasion of Afghanistan Invasion of Afghanistan War in Iraq War in Iraq

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

8. Criticisms of OHS Not a cabinet level department; lacks statutory mandate, Senate confirmation, and budget authority Not a cabinet level department; lacks statutory mandate, Senate confirmation, and budget authority Impossible to coordinate different cabinet agencies, ie. CIA, FBI, INS, DEA, FEMA, etc. Impossible to coordinate different cabinet agencies, ie. CIA, FBI, INS, DEA, FEMA, etc. Effective integration is not guaranteed Effective integration is not guaranteed

9. Patriot Act Summary Enhances executive branch’s power to conduct surveillance, search for money laundering, share intelligence with criminal prosecutors and charge/detain suspected terrorists with crimes. Enhances executive branch’s power to conduct surveillance, search for money laundering, share intelligence with criminal prosecutors and charge/detain suspected terrorists with crimes.

10. Patriot Act Provisions Relaxes restrictions on information sharing between U.S. law enforcement and intelligence officers about suspected terrorists. Relaxes restrictions on information sharing between U.S. law enforcement and intelligence officers about suspected 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 suspected of terrorism for up to seven days without specific charges. Allows the federal government to detain non-U.S. citizens suspected of terrorism for up to seven days without specific charges. Allows law enforcement officials greater subpoena power for e-mail records of terrorist suspects. Allows law enforcement officials greater subpoena power for e-mail records of terrorist suspects. Triples the number of Border Patrol, Customs Service Inspectors and Immigration and Naturalization Service inspectors Triples the number of Border Patrol, Customs Service Inspectors and Immigration and Naturalization Service inspectors Expands measures against money laundering Expands measures against money laundering Eliminates the statute of limitations for prosecuting the most egregious terrorist acts Eliminates the statute of limitations for prosecuting the most egregious terrorist acts

11. Patriot Act – Threat to Civil Liberties Change in protections from unreasonable search and seizure Change in protections from unreasonable search and seizure Detention of non-citizens, immigrants Detention of non-citizens, immigrants Racial profiling Racial profiling

12. Video Weighing the Patriot Act: Background Weighing the Patriot Act: Background Weighing the Patriot Act: Background Weighing the Patriot Act: Background Weighing the Patriot Act: Discussion Weighing the Patriot Act: Discussion Weighing the Patriot Act: Discussion Weighing the Patriot Act: Discussion The Newshour with Jim Lehrer [PBS] The Newshour with Jim Lehrer [PBS] August 19, 2003 August 19, 2003

13. SC hears case on “Enemy Combatants” Hamdi v. Rumsfeld and Rumsfeld v. Padilla (2004) Hamdi v. Rumsfeld and Rumsfeld v. Padilla (2004) The key figures in the cases are both American citizens: Yaser Hamdi is a U.S.-born Saudi-American who was captured during fighting in Afghanistan in 2001 and Jose Padilla is a former Chicago gang member who traveled to Afghanistan and Pakistan before being arrested at a Chicago airport in 2002 on suspicion of plotting to detonate a radioactive "dirty bomb" in the United States. The key figures in the cases are both American citizens: Yaser Hamdi is a U.S.-born Saudi-American who was captured during fighting in Afghanistan in 2001 and Jose Padilla is a former Chicago gang member who traveled to Afghanistan and Pakistan before being arrested at a Chicago airport in 2002 on suspicion of plotting to detonate a radioactive "dirty bomb" in the United States. At issue is Habeas Corpus: an individual’s right not to be imprisoned unless charged with a crime, except in time of “rebellion or invasion” At issue is Habeas Corpus: an individual’s right not to be imprisoned unless charged with a crime, except in time of “rebellion or invasion” Newshour Analysis. Newshour Analysis. Newshour Analysis Newshour Analysis

14. The 9/11 Commission Bi-partisan panel forms the National Commission on Terrorist Attacks Upon the United States Bi-partisan panel forms the National Commission on Terrorist Attacks Upon the United States Where the attacks preventable? Where the attacks preventable? Rice testifies before the 9/11 Commission Rice testifies before the 9/11 Commission Rice testifies before the 9/11 Commission Rice testifies before the 9/11 Commission Final Report Final Report Final Report Final Report

15. Recommendations Primary recommendations focused on centralizing intelligence Primary recommendations focused on centralizing intelligence Creation of a new intelligence center and a director, reporting directly to the president, who would have authority over all intelligence groups, including the CIA and the FBI Creation of a new intelligence center and a director, reporting directly to the president, who would have authority over all intelligence groups, including the CIA and the FBI Joint Congressional Committee for Intelligence for Legislative Oversight Joint Congressional Committee for Intelligence for Legislative Oversight

16. Other policy options not adopted or abandoned: TIPS – Terror Information and Prevention System (govt./private sector workers ‘spies’). A hotline and web-based reporting system using “those who work in the trucking, maritime, shipping and mass transit industries.” TIPS – Terror Information and Prevention System (govt./private sector workers ‘spies’). A hotline and web-based reporting system using “those who work in the trucking, maritime, shipping and mass transit industries.” Terror Futures Market Terror Futures Market Traders could buy and sell futures contracts based on their predictions about what would happen in the region. Traders could buy and sell futures contracts based on their predictions about what would happen in the region. Racial profiling at airports Racial profiling at airports Total Information Awareness (TIA) Total Information Awareness (TIA) One giant database containing all information the government can gather from existing government and private sector data banks. Use sophisticated data mining to detect patterns indicating terrorist activity. One giant database containing all information the government can gather from existing government and private sector data banks. Use sophisticated data mining to detect patterns indicating terrorist activity.