Educating Young People about the Constitution

Presidents and the Constitution, Vol. 2 War and the Constitution: George W. Bush and the War on Terror

www.BillofRightsInstitute.org

Presidents and the Constitution Resources

According to the Constitution, only Congress can declare war. However, Presidents control the military and often send troops into foreign countries without the approval of Congress.

So who really has the Power to declare war, Congress or the President?

Directions: Read Gleaves Whitneys essay Commanders in Chief at War on pages 38-41. Underline or highlight the facts you think are important.

Impeachment and the Constitution

Constitutional Connection Activity

George W. Bush and the War on Terror

Critical Engagement Question Should accused foreign terrorists be afforded all constitutional due process protections?

George W. Bush and the War on Terror

Objectives Understand President George W. Bushs response to the terrorist attacks of September 11, 2001 Analyze constitutional arguments on the nature of terrorist acts.
Evaluate whether accused foreign terrorists should be afforded all constitutional due process protections.

President George W. Bush and Ground Zero of the World Trade Center, Sept . 11, 2001

George W. Bush and the War on Terror

Background/Homework Read Handout A: George W. Bush and the War on Terror and answer the questions: 1) What ultimatum did President Bush give to the Taliban on September 20, 2001? 2) What are two differences between criminal trials and military tribunals?

Taliban in Afghanistan beating a woman in public because she removed her burqa-2001

George W. Bush and the War on Terror

Background/Homework continued 3) How did the Supreme Court initially respond to habeas corpus petitions from detainees at Guantanamo Bay? How did the Court respond in 2004, 2006, and 2007? 4) Should admitted and/or accused foreign terrorists be afforded all constitutional due process protections? Explain your answer.
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Guantanamo Bay Detainee Facility Guantanomo, Cuba

George W. Bush and the War on Terror

Warm Up Review Handout B: September Eleventh True or False and answer the following questions:
1)President George W. Bush was the first President to order strikes on False: Thomas Jefferson was the first. Islamic terrorists. 2)Since False: of the September 11 against Afghanistan,Saudi Arabia, Bush most He ordered a strike hijackers were from where the ordered military strikes against that country. bin Laden. Taliban government was harboring Osama 3)The overwhelming majority of victims on September 11, 2001 were True civilians. 4)President Bushs approval rating was over 90% when Congress enacted True the USA-PATRIOT Act (an act strengthening law enforcement power to find and capture terrorists.) 5)The U.S. declared warnever declared war. (And Taliban government False: Congress on Afghanistan when the refused to hand over Osama bin Laden.so.) only Congress has the power to do 6)In December of 2001, a CBS poll showed that a large majority of True Americans supported giving President Bush special war powers.

George W. Bush and the War on Terror

Activity Think about this question: Are acts of terror acts of war, or are they criminal acts? Review Handout C: Data Points and discuss the chart with a partner. Once finished, share your responses with the class.

Remains of the federal building after the Oklahoma City bombing April 26, 1995

George W. Bush and the War on Terror

Wrap Up Discuss the following questions: 1) In 2001, to what degree was Bushs response consistent with historical precedent? 2) The President has the constitutional role of Commander in Chief of the military. How should the President understand these roles with respect to terrorism?

President George W. Bushs speech to the nation after the attacks on September 11, 2001.
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George W. Bush and the War on Terror

Wrap Up continued Discuss the following questions: 3) How should the President respond when an attack is by an unconventional enemy, i.e. one not officially associated with a foreign state? 4) What arguments did Bush offer to justify his argument that accused foreign terrorists should not be afforded all constitutional due process protections? 5) What arguments should be made that they should be afforded all those protections?

Ariel view of the remains of the World Trade Center in New York after the September 11, 2001 attacks.
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George W. Bush and the War on Terror

Homework Create an illustrated timeline (with brief descriptions) of major national events, federal legislation, and Supreme Court cases about the War on Terror since September 11, 2001. Use Handout A as well as any other available resources.

Audio clip of CeeCee Lyles. Mother of four children and flight attendant on United Flight 93; one of the flights hijacked by terrorists on 9-11-2001. These are the last words her family heard from her. She died as the plane crashed.

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George W. Bush and the War on Terror

Extensions Compare and contrast the legal treatment of admitted and/or accused terrorists under the Bush Administration and the Obama Administration. Use any available research material.

Court Room in Guantanamo Detention Facility. These trials are closed to the public.

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