Chapter 3Legal Foundations of Homeland Legal Foundations of Homeland

SecuritySecurity

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International and Domestic Law: Policy International and Domestic Law: Policy ChallengesChallenges

Historical Context: State Sponsorship of Historical Context: State Sponsorship of International TerrorismInternational Terrorism

Legitimizing Legal Authority: Classifying Legitimizing Legal Authority: Classifying State Sponsors and Foreign Terrorist State Sponsors and Foreign Terrorist OrganizationsOrganizations

International Law and Counterterrorist International Law and Counterterrorist Cooperation by the World CommunityCooperation by the World Community

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

International and Domestic Law: Policy International and Domestic Law: Policy ChallengesChallenges

International Law and Policy ChallengesInternational Law and Policy Challenges Domestic Law and Policy ChallengesDomestic Law and Policy Challenges

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

Historical Context: State Sponsorship of Historical Context: State Sponsorship of International TerrorismInternational Terrorism

Reasons for International TerrorismReasons for International Terrorism Reasons for State Sponsorship of International Reasons for State Sponsorship of International

TerrorismTerrorism

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

Legitimizing Legal Authority: Classifying Legitimizing Legal Authority: Classifying State Sponsors and Foreign Terrorist State Sponsors and Foreign Terrorist OrganizationsOrganizations

Country Reports on TerrorismCountry Reports on Terrorism Legal Sanctions Against State Sponsors of Legal Sanctions Against State Sponsors of

TerrorismTerrorism Foreign Terrorist Organizations (FTOs)Foreign Terrorist Organizations (FTOs)

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

International Law and Counterterrorist International Law and Counterterrorist Cooperation by the World CommunityCooperation by the World Community

International Conventions on Hijacking International Conventions on Hijacking OffensesOffenses

Protecting DiplomatsProtecting Diplomats Extradition TreatiesExtradition Treaties International Courts and TribunalsInternational Courts and Tribunals

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

Anti-Terrorism and Effective Death Penalty Act of 1996

USA PATRIOT Act of 2001 Department of Homeland Security Act of

2002 USA PATRIOT Improvement and

Reauthorization Act of 2005

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

Anti-Terrorism and Effective Death Anti-Terrorism and Effective Death Penalty Act of 1996Penalty Act of 1996

Background: Centennial Park AttackBackground: Centennial Park Attack Background: Explosion of TWA Flight 800Background: Explosion of TWA Flight 800 Specific Focus on Terrorism-Related OffensesSpecific Focus on Terrorism-Related Offenses

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

USA PATRIOT Act of 2001USA PATRIOT Act of 2001

Enhanced Surveillance AuthorityEnhanced Surveillance Authority Banking RecordsBanking Records Nationwide Search WarrantsNationwide Search Warrants Detentions of ImmigrantsDetentions of Immigrants Civil Liberties IssuesCivil Liberties Issues

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

Department of Homeland Security Act of Department of Homeland Security Act of 20022002

Bureaucratic Turf BattlesBureaucratic Turf Battles Cabinet-Level Department of Homeland Cabinet-Level Department of Homeland

SecuritySecurity Third Largest Federal AgencyThird Largest Federal Agency

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

USA PATRIOT Improvement and USA PATRIOT Improvement and Reauthorization Act of 2005Reauthorization Act of 2005

Congressional OversightCongressional Oversight Regular Reauthorization LegislationRegular Reauthorization Legislation Delineated Federal Access to Library RecordsDelineated Federal Access to Library Records Enhanced Penalties for Supporting Terrorism Enhanced Penalties for Supporting Terrorism

FinanciallyFinancially Improved CoordinationImproved Coordination

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.

Sweeping Scope of New LawsSweeping Scope of New Laws Watchdog Role of CongressWatchdog Role of Congress Judicial Decisions Limiting Executive Judicial Decisions Limiting Executive

AuthorityAuthority Necessity for Increased Government Necessity for Increased Government

AuthorityAuthority

Martin, Understanding Homeland Security © 2015 SAGE Publications, Inc.