Deck 10: Constitutional Mandatesoverview of Executive, Legislative, and Judicial Roles

Question 1

Which mandate prohibits government agencies, such as the FBI or NSA, from wiretapping U.S. citizens without a warrant?

A) Foreign Intelligence Surveillance Act
B) National Security Act
C) USA PATRIOT Act
D) Title 28, Part 23 of the Code of Federal Regulations

Answer 1

A

Question 2

Of the following, which is NOT allowed by FISA?

A) Wiretaps and searches of non-U.S. citizens who are foreign powers or agents of foreign powers operating within the United States
B) Surveillance on U.S. persons only when the persons knowingly act on behalf of a foreign power
C) Wiretapping U.S. citizens for any purpose so long as the agency has a reasonable suspicion to do so
D) None of the above

Answer 2

C

Question 3

Which of the following statements is true about 28 CFR 23?

A) The code applies to law enforcement agencies' case management databases, tips and leads files, records management systems, criminal history records, and other non-intelligence databases
B) The code allows for an electronic database that can only contain information about the political, religious or social views, or associations of the person under investigation
C) The code applies only to criminal intelligence that is compiled into electronic databases, often in conjunction with cases regarding loan sharking, drug trafficking, trafficking in stolen property, gambling, extortion, smuggling, bribery, and corruption of public officials
D) Both A and B

Answer 3

C

Question 4

Under the First Amendment, may journalists reveal classified information?

A) No, because the journalists will be subject to charges for espionage
B) Yes, as long as the information doesn't subject the U.S. or its citizens to direct, immediate, and irreparable danger
C) Yes, as long as the government gives journalists written authorization prior to publication
D) No, because the First Amendment does not protect free speech as it relates to classified information

Question 5

As a police officer on a routine patrol, Department of Justice guidelines do not allow you to use a person's race or ethnicity as a basis for law enforcement action EXCEPT when you are responding to an ongoing crime OR you are attempting to prevent catastrophic events or harm to national security.

Question 6

Although it has received a lot of negative publicity in the press, waterboarding is still permitted in military interrogations, but only in extreme and exceptional circumstances.

Question 7

What four primary functions did the National Security Act of 1947 give to the CIA?

Question 8

What did USA PATRIOT mandate?

Question 9

Explain the court's decision in Boumediene v. Bush.

Question 10

Which two primary U.S. agencies seek and use FISA warrants?

Question 11

What did the Department of Justice Inspector General determine about the FBI's use of FISA warrants directed at Trump campaign adviser Carter Page?

Question 12

Explain how the Foreign Intelligence Surveillance Court (FISC) operates. Does the secrecy of the FISC preserve or harm national liberties?

Question 13

Discuss the ethical issues related to both intelligence collection and analysis.

Question 14

Legally, may a president order the assassination of a foreign citizen? Discuss the evolution of presidents' actions related to assassination and targeting.

Question 15

Julian Assange is the founder of Wikileaks. If he is remanded to the United States, should he stand trial for revealing very sensitive U.S. secrets? Why or why not?