PC 2 Commander-Bush and the War on Terror-Student Program

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    Educating Young People about the Constitution

    www.BillofRightsInstitute.org

    Presidents and the Constitution,

    Vol. 2War and the Constitution:

    George W. Bush and the War on

    Terror

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    Presidents and the Constitution Resources

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    According to the Constitution, only Congresscan declare war. However, Presidents controlthe military and often send troops into foreigncountries without the approval of Congress.

    So who really has the Power to declare war,Congress or the President?

    Directions: Read Gleaves Whitneys essayCommanders in Chief at War on pages 38-41.Underline or highlight the facts you think areimportant.

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    Constitutional Connection Activity

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    Impeachment and the Constitution

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    Critical Engagement Question

    Should accused foreign terrorists be afforded all constitutionaldue process protections?

    George W. Bush and the War on Terror

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    George W. Bush and the War on Terror

    Objectives

    Understand President George W.Bushs response to the terroristattacks of September 11, 2001

    Analyze constitutional arguments

    on the nature of terrorist acts.Evaluate whether accused foreignterrorists should be afforded allconstitutional due process

    protections.

    President George W.Bush and Ground Zero

    of the World TradeCenter, Sept . 11, 2001

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    Background/HomeworkRead Handout A: George W.Bush and the War on Terror andanswer the questions:

    1) What ultimatum didPresident Bush give to theTaliban on September 20,2001?

    2) What are two differences

    between criminal trials andmilitary tribunals?

    Taliban in Afghanistan beating a woman inpublic because she removed her burqa-2001

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    Background/Homework

    continued3) How did the Supreme Courtinitially respond to habeas corpuspetitions from detainees at

    Guantanamo Bay? How did theCourt respond in 2004, 2006, and2007?

    4) Should admitted and/or

    accused foreign terrorists beafforded all constitutional dueprocess protections? Explainyour answer.

    Guantanamo Bay Detainee FacilityGuantanomo, Cuba

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    Warm Up

    Review Handout B: September Eleventh True or False andanswer the following questions:

    1)President George W. Bush was the first President to order strikes onIslamic terrorists.

    2)Since most of the September 11 hijackers were from Saudi Arabia, Bushordered military strikes against that country.

    3)The overwhelming majority of victims on September 11, 2001 werecivilians.

    4)President Bushs approval rating was over 90% when Congress enacted

    the USA-PATRIOT Act (an act strengthening law enforcement power tofind and capture terrorists.)

    5)The U.S. declared war on Afghanistan when the Taliban governmentrefused to hand over Osama bin Laden.

    6)In December of 2001, a CBS poll showed that a large majority of

    Americans supported giving President Bush special war powers.

    True

    False: Thomas Jefferson was the first.

    False: He ordered a strike against Afghanistan, where theTaliban government was harboring Osama bin Laden.

    True

    True

    False: Congress never declared war. (Andonly Congress has the power to do so.)

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    Activity

    Think about this question: Are actsof terror acts of war, or are theycriminal acts?

    Review Handout C: Data Pointsand discuss the chart with apartner.

    Once finished, share yourresponses with the class.

    Remains of thefederal building afterthe Oklahoma City

    bombing April 26,1995

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    Wrap Up

    Discuss the followingquestions:1) In 2001, to what degree

    was Bushs responseconsistent with historical

    precedent?2) The President has theconstitutional role ofCommander in Chief ofthe military. How should

    the President understandthese roles with respectto terrorism?

    President George W.Bushs speech to thenation after the attackson September 11, 2001.

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    Wrap Up continued

    Discuss the followingquestions:3) How should the Presidentrespond when an attack is byan unconventional enemy,

    i.e. one not officially associatedwith a foreign state?4) What arguments did Bushoffer to justify his argumentthat accused foreign terrorists

    should not be afforded allconstitutional due processprotections?5) What arguments should bemade that they should beafforded all those protections?

    Ariel view of theremains of the WorldTrade Center in NewYork after theSeptember 11, 2001attacks.

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    Homework

    Create an illustrated timeline (withbrief descriptions) of major national

    events, federal legislation, andSupreme Court cases about the War onTerror since September 11, 2001. UseHandout A as well as any otheravailable resources.

    Audio clip of CeeCee Lyles. Mother offour children and flight attendant onUnited Flight 93; one of the flightshijacked by terrorists on 9-11-2001. These

    are the last words her family heard fromher. She died as the plane crashed.

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    Extensions

    Compare and contrast the legal treatment of admitted and/or accused terroristsunder the Bush Administration and the Obama Administration. Use anyavailable research material.

    George W. Bush and the War on Terror

    Court Room inGuantanamoDetentionFacility. Thesetrials are closedto the public.

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