Question 1: Review the letter from William E. Moschella, Assistant Attorney General, to the Honorable Pat Roberts, Chairman, Senate Select Committee on Intelligence et al. found between pages 641-650. Discuss whether you are persuaded by the legal arguments made in the letter and whether the President should be able to take this action; then comment on whether the nature of Al Qaeda cuts for or against such Presidential action. Include Biblical arguments to support your answer. (200 words minimum)
Question 2: Review Farag v. United States and the ensuing notes. Should race be permitted to be used as a factor in national security investigations, like airport screening? What does the Court in Farag say? Do you agree with the court’s reasoning, legally and politically? What if the TSA adopted a program whereby law enforcement officials were permitted to use behavioral factors—like pacing, failing to make eye contact, overly protective of one’s luggage, etc.—combined with racial and ethnic factors to make a probable cause determination for an arrest at an airport? Would this program be constitutional? Biblical? (250 words minimum)
Question 3: What did the Courts hold in Reid and Verdugo? That is, generally how does the U.S. Constitution apply outside our borders according to these cases? Are these cases consistent? Do their holdings reflect a textual, formal view of the Constitution or a more practical, malleable view of the Constitution? How should the Constitution apply outside our borders? (Minimum 250 words).
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