Legal Processes & Homeland Security Test Bank Docx Chapter 3

Chapter 3: Test Bank

Multiple Choice

1. What legislation was passed in direct response to the aviation security breaches of 9/11, which created the Transportation Security Administration?
   1. The Aviation and Transportation Act of 2001
   2. The USA PATRIOT Act of 2001
   3. The Homeland Security Act of 2002
   4. The Intelligence Reform and Terrorism Prevention Act of 2004
2. In what year was the first Homeland Security Presidential Directive (HSPD) published?
   1. 2000
   2. 2001
   3. 2002
   4. 2003
3. The interdependence among agencies is a by-product of what is known as ___________.
   1. adjudication
   2. association
   3. federalism
   4. jurisdiction
4. Following a trial, _________ is a formal request from a party in the case to be re-examined.
   1. appeal
   2. denial
   3. overturned
   4. remanded
5. This case concerns the rights that enemy combatants have to challenge their detentions by the U.S. government.
   1. Hamdan v. Rumsfeld (2006)
   2. Farag v. U.S. (2008)
   3. Mohamed v. Jeppesen Dataplan (2010)
   4. Al-Aulaqi v. Obama (2010)
6. What term means to reverse the outcome of a legal case?
   1. Appeal
   2. Confirm
   3. Overturn
   4. Remand

True/False

1. The U.S. Constitution is the foundation of all-American laws.
   1. True
   2. False
2. The Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004 was created in response to the The 9/11 Commission Report’s recommendations.
   1. True
   2. False
3. The bulk of homeland security-related activity in the United States is concentrated at the local level of government.
   1. True
   2. False
4. The U.S. Supreme Court is the highest-level federal court in the country.
   1. True
   2. False
5. Local county courts hear cases involving federal crimes.
   1. True
   2. False
6. The USA FREEDOM Act eliminated the most controversial measures within the USA PATRIOT Act while modifying or renewing other measures.
   1. True
   2. False
7. Federal, state, and local government agencies enforce Homeland Security laws at all levels of government.
   1. True
   2. False

Short Answer

1. What are some criticisms to the legality of the USA PATRIOT Act?
   1. Civil libertarians criticized the law from the start. Some groups, such as the American Civil Liberties Union (ACLU), maintained that the PATRIOT Act unconstitutionally lowered the standard of proof for the government to collect information about private citizens. The American Library Association, an umbrella organization for professional librarians, also opposed the PATRIOT Act. The ALA claimed that the Act could violate library patrons’ privacy by forcing librarians to turn over patrons’ library records.

1. What role does U.S. Immigration and Customs Enforcement (ICE) play in the realm of homeland security?
   1. In the interior of the United States, U.S. Immigration and Customs Enforcement (ICE) plays an important role by identifying, arresting, and deporting persons who are in the United States without authorization. These could be individuals who once held valid work, study, or tourist visas, but did not leave the country after the expiration of these visas. Alternatively, these individuals may be persons who hold valid visas, but have been ordered to be deported due to felony convictions. ICE officers must rely to a degree upon the cooperation of other government agencies. The data they receive about individuals targeted for deportation may come from databases housed by U.S. Citizenship and Immigration Services (CIS), U.S. CBP, or the IC. The agents who perform this work must do so with some degree of cooperation from state and local law enforcement agencies, as well, since their enforcement actions take place inside the boundaries of states and localities.
2. Explain what a sanctuary city is.
   1. Sanctuary cities refer to municipalities that refused, based on local ordinances to have their police officers assist ICE’s work to enforce federal immigration laws. A sanctuary city may decline to provide information or criminal intelligence to federal agencies seeking to deport individuals within the city limits. Of course, not all cities in the United States are considered to be sanctuary cities. But the absence of cooperation with ICE in sanctuary cities make removing dangerous individuals from those jurisdictions that much more difficult.
3. Explain how a case makes it in front of the U.S. Supreme Court.
   1. Federal cases reach the U.S. Supreme Court after being appealed from the decisions of lower-level state or federal courts. This appellate process may take several years. Moreover, the U.S. Supreme Court is under no obligation to hear any case. The Court’s justices determine (by a vote of four) which cases that they want to hear.
4. What changes were implanted following the passing of the USA FREEDOM Act?
   1. The USA FREEDOM Act was meant to bolster public confidence in the national security community. At the same time, the Act sought to preserve “vital tools” needed to combat terrorism. Under the Act, phone call metadata is retained by phone companies, and only turned over to the NSA in response to these types of requests. The USA FREEDOM Act also imposes limits on the government’s ability to collect data—by, for instance, limiting the government’s ability to collect all data from a particular internet service provider. USA FREEDOM Act increases the potential prison sentence for material support for terrorism from 15 years in jail to 20 years in jail.

Short Essay

1. Explain at least one controversy relating to a homeland security-related legal case.
2. Did the implementation of new safety-based legislation post 9/11 remove all risk to American citizens? Why or why not?