Home » Take Action » Become a Student Activist » Case of the Month Archives » January 2002
Lesson Plan
Balancing Security & Civil Liberties
"Should the government be allowed to suspend civil liberties in times of crisis?"
Purpose
The purpose of this lesson plan is to illustrate how Fourth Amendment protections against unreasonable searches and seizures, and Fifth Amendment protections against detainment and incarceration without due process, apply to the current debate on whether U.S. Patriot Act H.R. 3162 Section 411 and anti-Terrorism Act of 1996 HR 3593 are constitutional.
Grade
10-12
Objectives
Students should be able to:
* Identify reasonable searches and seizures as guaranteed by the
Fourth Amendment and lawful detainment with due process as guaranteed
by the Fifth Amendment.
* Explain why these rights are protected.
Materials
Text of the U.S. Constitution -
Fourth Amendment [1791]: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."
Fifth Amendment [1791]: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Activity
a. Teacher will give extensive lecture based on Case of the Month contents, with special attention to Executive Order No. 9066 (7 Federal Register 1407) made by Franklin D. Roosevelt on February 19, 1942, and the new provisions made in the U.S. Patriot Act this year following the September 11 attacks.
b. Students will then separate into four groups:
Two "pro" groups who support the security measures approved by Congress and implemented by the Bush administration.
Two "con" groups who are concerned that the current security proposals unnecessarily restrict civil liberties without making us safer
c. After thoroughly formulating arguments for each group, students will put together a brief outline summarizing arguments either in favor or against the current national security measures, as outlined in the USA PATRIOT ACT. Once both outlines are complete, students will exchange outlines, sharing the information with the other group with opposing viewpoints.
POSSIBLE HOMEWORK ASSIGNMENT 1:
d. Teacher will then assign students to write a two-page essay on the "pros" and "cons" of the USA PATRIOT ACT – specifically addressing whether or not the bill effectively balances security concerns with civil liberties.
POSSIBLE HOMEWORK ASSIGNMENT 2:
e. For homework, students will make a list of questions for a typical "non-citizen" here on a student visa, for purposes of finding out whether there is a basis to suspect the person of involvement in terrorism. Students the next day may question each other for ½ hour based on their homework, bearing in mind the typical "interview" can last up to two hours or longer.
