National security and the constitution | CRJ 514 Constitutional & Judicial Processes | Ashford University

 

National Security and the Constitution

Examine how issues of national security influenced the constitutional debate on constitutional rights in the United States after September 11, 2001. Provide specific examples of the strengthening or weakening of individuals’ constitutional rights. It is recommended that your post contain approximately 400 words.

 

Text

Spohn, C., & Hemmens, C. (2012).  Courts: A text/reader  (2nd ed.). Sage.

  • Section VII: Sentencing
  • Section VIII: Beyond Conviction and Sentencing

Article

Baker, N. (2003). National security versus civil liberties.Presidential Studies Quarterly, 33(3), 547-567. Retrieved https://www.thepresidency.org/psq

  • The full-text version of this article is available in the ProQuest database in the University of Arizona Global Campus Library. A critical evaluation of whether stronger national security necessitates a reduction in civil liberties. .

Website

Donohue, L. K. (2011). The limits of national security (Links to an external site.). American Criminal Law Review, 48, 1573-1756. Retrieved from http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2027&context=facpub

  • Read only pages 1746-1756. This research paper is an examination of the national security threats posed by international, organized crime, and terrorist organizations.

Recommended Resources

Articles

Bierschbach, R. A. (2006). Allocution and the purposes of victim participation under the CVRA.Federal Sentencing Reporter, 19(1), 44-48. Retrieved from http://ucpressjournals.com/journal.php?j=fsr

  • The full-text version of this article is available in the ProQuest database in the University of Arizona Global Campus Library. This resource provides an analysis detailing the impact of victim’s rights laws on criminal procedure.

Bigornia, A. P. (1994). Habeas corpus—Fifth Amendment—The Supreme Court’s cost-benefit analysis of federal habeas review of allegedMirandaviolations.The Journal of Criminal Law & Criminology, 84(4). Retrieved from http://scholarlycommons.law.northwestern.edu/jclc/

  • The full-text version of this article is available in the ProQuest database in the University of Arizona Global Campus Library. An in-depth examination of the effectiveness of Miranda warnings and the societal benefits and liabilities of the “prophylactic rule.”

Relyea, H. C. (2002). The law: Homeland security: The concept and the presidential coordination office—first assessment.Presidential Studies Quarterly, 32(2), 397-411. Retrieved from https://www.thepresidency.org/psq

  • The full-text version of this article is available in the ProQuest database in the University of Arizona Global Campus Library. This article examines constitutional challenges to the increased power of the Executive Branch of government assumed after September 11, 2001.

Sinnar, S. (2013). Protecting rights from within? Inspectors general and national security oversight.Stanford Law Review, 65(5), 1027-1086. Retrieved from http://www.stanfordlawreview.org

  • The full-text version of this article is available in the ProQuest database in the University of Arizona Global Campus Library. Inspectors general are tasked with oversight of governmental functions. This article examines if these agencies can effectively “police the police” where the congressional and judicial branches of power cede authority to the executive branch.
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