Deck 16: Security and Freedom in Wartime and Pandemic

Question 1

United States v. United States District Court involved _____.

A) electronic surveillance
B) presidential power
C) Title III of the Crime Control Act of 1968
D) all of the above

Answer 1

D

Question 2

In United States v. United States District Court, the Supreme Court ruled_____.

A) 9-0
B) 8-1
C) 6-3
D) 5-4

Answer 2

B

Question 3

Justice _______ wrote the opinion of the Court in United States v. United States District Court.

A) Rehnquist
B) Blackmun
C) Douglas
D) Powell

Answer 3

D

Question 4

"Inter arma silent leges" means _____.

A) in time of war the laws must be observed
B) during wartime, victory must be secured at all costs
C) in time of war the laws are silent
D) in time of war the laws are rarely silent

Question 5

Ex parte Milligan arose as a result of _____.

A) World War II
B) the Vietnam War
C) the invasion of Afghanistan by United States
D) the Civil War

Question 6

The opinion of the Court in Ex parte Milligan was written by _____.

A) Chief Justice Chase
B) Chief Justice Waite
C) Justice Grier
D) Justice Davis

Question 7

Korematsu v. United States is often cited as the initial articulation by the Court of ___.

A) fundamental fairness
B) strict scrutiny
C) due process of law
D) none of the above

Question 8

In Korematsu v. United States, Justice Jackson argues in his opinion that ____.

A) the government's policy is unconstitutional
B) the government's policy is constitutional
C) the Court should never have agreed to hear the case
D) war is a series of hardships

Question 9

In Korematsu v. United States, Justice Murphy declared ____.

A) that the government's policy was lawful
B) that the government's policy was unfortunate but necessary
C) that the government's policy was racist
D) that the Court should never have agreed to hear the case

Question 10

Boumediene v. Bush involved a challenge to ____.

A) the Patriot Act
B) the Crime Control Act of 1968
C) The Geneva Convention
D) The Military Commission Act

Question 11

Sneak and Peak Search Warrants are authorized by ____.

A) the Foreign Intelligence Surveillance Act
B) the Crime Control Act
C) the Freedom Act
D) the Authorization for Use of Military Force

Question 12

_________ was a case arising from World War II that was the focus of both the majority and dissenting opinions in Boumediene v. Bush.

A) Ex parte Quirin
B) Ex parte Milligan
C) Johnson v. Eisentrager
D) None of the above

Question 13

Justice/Chief Justice _____ wrote the Court's majority opinion in Korematsu v. United States.

A) Stone
B) Douglas
C) Black
D) Murphy

Question 14

The Patriot Act became law became law because of growing congressional concern over illegal immigration. _____

Question 15

The Freedom Act repealed most of the provisions in the Patriot Act. _____

Question 16

In ________ Justice Scalia wrote that "America is at war with radical Islamists."

A) Korematsu v. United States
B) United States v. United States District Court
C) Boumediene v. Bush
D) Ex parte Quirin

Question 17

In Roman Catholic Diocese of Brooklyn v. Cuomo (2020), the dissenting justices included

A) Chief Justice Roberts
B) Justice Kagan
C) Justice Breyer
D) all of the above

Question 18

In Roman Catholic Diocese of Brooklyn v. Cuomo (2020), Justice Barrett filed a separate opinion.

Question 19

What issues of constitutional and statutory interpretation did the Supreme Court confront in United States v. United States District Court? How were these resolved? Explain.

Question 20

How is United States v. United States District Court anticipated by the exchange between the concurring opinions of Justices White and Douglas in Katz v. United States?

Question 21

Within the past few years, the Supreme Court has ruled on a number of challenges to claim made by the administration of George W. Bush that it had the power to detain indefinitely U.S. citizens held as "enemy combatants"; and to detain indefinitely and try by military tribunal, without and with limited appeal, foreign nationals who had been seized on battlefields and held at Guantanamo Bay, Cuba. These cases-Hamdi v. Rumsfeld (2004), Rasul v. Bush (2004), Hamdan v. Rumsfeld (2006), and Boumediene v. Bush (2008)-illustrate well the basic constitutional dilemma in enforcing constraints on presidential power to wage war. Focusing primarily on the last two cases, discuss the Court's conclusions, explaining the applicable presidential directives, laws, treaties, writs, and precedents. To what extent do these cases demonstrate that restraints on presidential power to wage war remain in the hands of Congress?

Question 22

To what degree does Boumediene v. Bush show that the Constitution places considerable restraints on Congress, not only on the president in matters of national security?

Question 23

On the day that the Court released its opinion in Ex parte Quirin, Attorney General Francis Biddle wrote a memo to President Roosevelt summarizing the main points of the decision. Noting that the Court had distinguished Ex parte Milligan, Biddle declared, "Practically then, the Milligan case is out of the way and should not again plague us." Did Quirin truly set Milligan "out of the way"?

Question 24

In Korematsu v. United States, how do the opinions of Justices Black and Murphy differ in terms of the standard that must be met in order to justify an abridgement of constitutionally protected liberties?

Question 25

Estimate the probable impact on civil liberties had the government prevailed in U.S. v. U.S. District Court.

Question 26

With respect to judicial oversight of executive authority, what role is envisioned by the opinions of Justices Kennedy and Scalia in Boumediene v. Bush?

Question 27

In New York Times Co. v. United States, what role for the judiciary does Justice Black envisage? Justice Harlan? Explain.

Question 28

What fundamental question did Boumediene v. Bush present to the Supreme Court? How did the majority answer that question? Explain.

Question 29

In Roman Catholic Diocese of Brooklyn v. Cuomo (2020), what reasons were given in the per curiam opinion to justify granting injunctive relief?