Constitutional Issues and Homeland Security - Fdu

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FAIRLEIGH DICKINSON UNIVERSITY
SCHOOL OF ADMINISTRATIVE SCIENCE
Course Title:
Homeland Security and Constitutional Issues
(MADS 6705)
Course Date:
January 20 – March 28
Course Times:
On-Line
Professor:
William P. Schuber
Office Phone: (201) 692-7174
Email: Schuber@fdu.edu
Location:
Fairleigh Dickinson University
Metropolitan Campus
Teaneck/Hackensack
Course Description:
This program will focus on the dilemma for democratic
societies in the modern era of providing security from
terror and maintaining at the same time civil liberties
guaranteed by the Bill of Rights.
This course will examine the origins of the War on Terror
and the U.S. approach to thwart such attacks from a
domestic prospective. A historical review of prior
American responses during the Civil War, WWI and WWII
will be compared against current approaches. Analysis of
the Patriot Act, FISA, Treatment of Detainees Act, Geneva
Convention Protocols, Rendition, Enhanced Interrogation,
the U.S. Detention policy at Guantanamo Bay will be
studied among other laws, policies and security procedures.
The following issues and questions will be examined:
1. To what extent is Homeland Security compatible with a
democratic society?
2. What steps can a democratic society legitimately take in
protecting its people?
3. What is the effect of the Bill of Rights on such issues?
4. What is the effect on civil liberties of current homeland
security issues?
5. Can the Government simultaneously provide proactive
homeland security and protect civil liberties?
Course Objectives:
1. To provide master level studies for the non-traditional
student involved in Homeland Security.
2. To contribute to the preparation of students who will
formulate and execute Domestic Security programs.
3. Encourage the development of thoughtful, high quality
Homeland Security strategy and tactics that are
products of thorough analysis and research with due
sensitivity to the requirements of the Bill of Rights and
protection of civil liberties.
Course Text:
Homeland Security and Constitutional Issues
McGraw-Hill – Primis On-Line
Nineteen Eighty Four, A Novel
George Orwell, 1949
U.S. Constitution
9/11 Commission Report, Authorized Edition
Supplemental Reading:
The Constitution in Exile, by Judge Andrew Napolitano
Thomas Negron Publishing, 2006, ISBN: 1-59555-070-4
(trade paper)
On the Hunt, by Colonel David Hunt
Crown Forum, 2007, ISBN: 978-0-307-34759-6
The One Percent Doctrine, by Ron Suskind
Simon & Schuster, 2006, ISBN-13: 978-0-7432-7109-7
The Idea That is America, by Anne Marie Slaughter
Basic Books, 2007, ISBN-10:465-07808-7
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Ghost War, by Steve Coll
Penguin Books, 2004, ISBN: 0-14-30.3466 9
Nemesis, by Chalmers Johnson
Henry Holt & Co., 2006, ISBN-13: 978-0-8050-7911-1
Entrance Competencies:
It is expected that students will be familiar with basic
structure and provisions of the U.S. Constitution, the bill of
Rights, and the Separation of Powers between the
Executive, Legislative and Judicial Branches. Students are
also expected to have a working knowledge of basic
Homeland Security programs and requirements.
Exit Competencies:
By completion of the class, students will be able to:
1. Understand the dynamics and tension between strict
domestic security programs and Constitutional
Liberties.
2. Understand the ethical and legal issues involved in
Homeland Security.
3. Understand the current judicial decisions involving
issues of Homeland Security, War on Terror, detention
and wiretapping.
4. Understand the Constitutional questions raised about
various domestic security policies and their impact on
civil liberties, particularly detention, rendition and
wiretapping.
5. Understand the legal and security concerns raised by
certain Homeland Security policies, particularly
enhanced interrogation techniques, national security
letters.
6. Understand and articulate Homeland Security policies
that are strategic, thoughtful and compatible with
guarantees of the Bill of Rights and civil liberties.
7. Understand various approaches employed by countries
of the European community to Acts of Terrorism.
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Expectations:
Class Participation: Class participation will be based on the quality of your class contribution
and your regular attendance. In order to integrate the course concepts, it is important that you be
prepared to discuss the assigned material and related issues when you come to class. You will be
responsible to demonstrate your application of course content to your workplace or the system
you choose to study.
Attendance: All students will attend each class. There are no make ups. Two absences will
result in a lower grade. More than two absences will result in a grade of F.
Academic Integrity: FDU’s Public Administration Institute and its faculty do not condone
academic dishonesty in any form. The obligations and responsibilities for this course are
governed by the Academic Integrity Policy presented in the Graduate Studies Bulletin. It is your
responsibility to familiarize yourself with this policy.
Grading:
Mid-Term, Topic assigned by Professor – 30%
Final Paper – Topic to be assigned by Professor – 50%
Class Participation – 20%
4
CLASS SCHEDULE
WEEK 1
Self-Introductions and Class Requirement
WEEK 2
Introduction to Homeland Security and the Bill of Rights
Novel 1984 – pgs. 1-60
WEEK 3
9/11 and the U.S. Domestic Response
Creation of Department of Homeland Security
9/11 Commission Report – Chapters 12 and 13;
Novel 1984 – pgs. 60-90
WEEK 4
Homeland Security, an Historical Perspective
Novel 1984 – pgs. 90-150
WEEK 5
Mid-Term Research Papers due
WEEK 6
The Patriot Act; Right to Privacy
Novel 1984 – pgs. 150-200
WEEK 7
Foreign Intelligence Surveillance Act (FISA) and Domestic Surveillance;
Novel 1984 – pgs. 200-240
WEEK 8
Enemy Combatants, Torture and Jose Padilla
Novel 1984 – 240-275
WEEK 9
European Response to Terrorism; Future of Homeland Security and
Potential Effect on Citizens and Civil Liberties
Novel 1984 – pgs. 275-300
WEEK 10
Final Research Papers
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