| Table of Contents
Clashing Views on Legal Issues, Fourteenth Edition
Unit 1 Law and Terrorism Issue 1. Should U.S. Citizens Who Are Declared to Be “Enemy Combatants” Be Able to Contest Their Detention Before a Judge? YES: Sandra Day O’Connor, from Majority Opinion, Hamdi v. Rumsfeld, U.S. Supreme Court ( June 28, 2004) NO: Clarence Thomas, from Minority Opinion, Hamdi v. Rumsfeld, U.S. Supreme Court ( June 28, 2004) Supreme Court Justice Sandra Day O’Connor finds that the Authorization for Use of Military Force passed by Congress does not authorize the indefinite detainment of a person found to be an “enemy combatant.” Justice Clarence Thomas believes that the detention of an “enemy combatant” is permitted under the federal government’s war powers. Issue 2. Should Foreign Nationals Detained at Guantanamo Bay as “Enemy Combatants” Be Able to Contest Their Detention Before a Judge? YES: Anthony Kennedy, from Majority Opinion, Boumediene v. Bush, U.S. Supreme Court ( June 12, 2008) NO: Antonin Scalia, from Dissenting Opinion, Boumediene v. Bush, U.S. Supreme Court ( June 12, 2008) Supreme Court Justice Anthony Kennedy holds that foreign nationals being held at Guantanamo Bay have the constitutional privilege of habeas corpus. Supreme Court Justice Antonin Scalia argues that there is no basis in American law or history for giving habeas hearings to foreign nationals detained abroad during a military conflict. Issue 3. Does the President Possess Constitutional Authority to Order Wiretaps on U.S. Citizens? YES: U.S. Department of Justice, from “Legal Authorities Supporting the Activities of the National Security Agency Described by the President” (January 19, 2006) NO: Letter to Congress, from 14 Law Professors and Former Government Attorneys to Congressional Leaders (January 2, 2006) The Department of Justice argues that the Constitution gives the president the right to engage in electronic surveillance, with or without congressional approval or judicial oversight. It further claims that the NSA wiretapping program ordered by President Bush does not violate federal law, specifically the Foreign Intelligence Surveillance Act (FISA), because such surveillance falls under the auspices of the military response to the 9/11 attacks that was authorized by Congress. Several lawyers with expertise in constitutional law or experience in the federal government argue that the NSA wiretapping program violates FISA and the Fourth Amendment of the U.S. Constitution. They further argue that the president does not have any inherent ability either to engage in warrantless wiretapping or to violate federal law that limits such surveillance. Issue 4. Should Someone Held by the CIA and Interrogated in a Foreign Country Be Allowed to Sue the U.S. Government? YES: American Civil Liberties Union, from Brief for Plaintiff-Appellant, El-Masri v. Tenet, et al., U.S. Court of Appeals for the Fourth Circuit (September 25, 2006) NO: Robert King, from Opinion, El-Masri v. Tenet, et al., U.S. Court of Appeals for the Fourth Circuit (March 2, 2007) In a brief submitted to the Court of Appeals, the American Civil Liberties Union, representing Mr. El-Masri, argues that dismissing his case outright because the government claims state secrets might be revealed as both dangerous and unnecessary. In the decision handed down by the Court of Appeals, Judge Robert King rejects the ACLU position and argues that a plaintiff cannot bring a lawsuit against the government when the government claims that the case might reveal information that could endanger national security. Unit 2 Law and the Individual Issue 5. Is It Constitutional to Ban “Partial-Birth” Abortions Without Providing for an Exception to Protect the Health of the Mother? YES: Anthony Kennedy, from Majority Opinion, Gonzales v. Carhart, U.S. Supreme Court (April 18, 2007) NO: Ruth Bader Ginsburg, from Dissenting Opinion, Gonzales v. Carhart, U.S. Supreme Court (April 18, 2007) Justice Anthony Kennedy rules that the federal Partial-Birth Abortion Ban Act of 2003 was constitutional even without a “health exception” for the woman. In dissent, Justice Ruth Bader Ginsburg argues that the law clearly contravenes the Court’s holding in prior cases that any regulation limiting a woman’s access to abortion, even postviability, must include a health exception. Issue 6. Are Restrictions on Physician-Assisted Suicide Constitutional? YES: William H. Rehnquist, from Majority Opinion, Washington et al. v. Glucksberg et al., U.S. Supreme Court ( June 26, 1997) NO: Stephen Reinhardt, from Opinion for the Court, Compassion in Dying v. State of Washington, U.S. Court of Appeals for the Ninth Circuit (1996) Former Supreme Court Chief Justice William H. Rehnquist rules that although patients have the right to refuse life-sustaining treatment, physician-assisted suicide is not constitutionally protected. Judge Stephen Reinhardt argues that forbidding physician-assisted suicide in the cases of competent, terminally ill patients violates the due process clause of the Constitution. Issue 7. Does the Sharing of Music Files Through the Internet Violate Copyright Laws? YES: Ruth Bader Ginsburg, from Concurring Opinion, Metro-Goldwyn-Mayer Studios v. Grokster, U.S. Supreme Court ( June 27, 2005) NO: Stephen Breyer, from Concurring Opinion, Metro-Goldwyn-Mayer Studios v. Grokster, U.S. Supreme Court ( June 27, 2005) Justice Ginsburg believes that the copyright laws are violated by a company when its software is used primarily for illegal file sharing, and lawful uses in the future are unlikely. Justice Breyer does not want the copyright laws to hinder technological innovation and is more willing to take into account the potential use of the software for lawful file sharing. Issue 8. Can the Police Require Individuals to Identify Themselves? YES: Anthony Kennedy, from Majority Opinion, Larry D. Hiibel v. Sixth Judicial District Court of Nevada, U.S. Supreme Court ( June 21, 2004) NO: James P. Logan, Jr., Harriet E. Cummings, and Robert E. Dolan, from A Brief for the Petitioner, Hiibel v. Sixth Judicial District Court of Nevada, U.S. Supreme Court (2004) Supreme Court Justice Anthony Kennedy holds that requiring an individual to identify himself does not violate the right to remain silent and does not infringe rights guaranteed by the Fourth and Fifth Amendments. In a brief filed by the Office of the Nevada State Public Defender, the argument is put forward that when persons are detained on less than probable cause, it is unconstitutional for police to demand that such persons identify themselves and provide the police with their names. Unit 3 Law and the State Issue 9. Do Religious Groups Have a Right to Use Public School Facilities After Hours? YES: Clarence Thomas, from Majority Opinion, Good News Club et al., v. Milford Central School, U.S. Supreme Court ( June 11, 2001) NO: David Souter, from Dissenting Opinion, Good News Club et al., v. Milford Central School, U.S. Supreme Court ( June 11, 2001) Supreme Court Justice Clarence Thomas affirms the right of religious groups to use school facilities after the school day ends, maintaining that restricting such use is a violation of free speech rights. Supreme Court Justice David Souter, dissenting from the Court’s opinion, contends that the use of school facilities by religious groups blurs the line between public classroom instruction and private religious indoctrination and therefore violates the Establishment Clause of the Constitution. Issue 10. Is a Strip Search of Middle School Students That Is Aimed at Finding Drugs Impermissible Under the Fourth Amendment? (Please note the word Permissible on Issue 10. has been edited from the printed textbook to correctly read Impermissible. The publisher regrets this inconvenience.) YES: David Souter, from Majority Opinion , Safford Unified School District, et al., v. April Redding, U.S. Supreme Court ( June 25, 2009) NO: Clarence Thomas, from Dissenting Opinion, Safford Unified School District, et al., v. April Redding, U.S. Supreme Court ( June 25, 2009) Supreme Court Justice David Souter holds that a search in school requires a reasonable bel... |
