National Security vs. Your Privacy: The War on Terror and the Constitutionality of the Patriot Act
Class Length: 1-2 class meetings
Objectives:
Students will be able to:
1. Value different perspectives on a single issue.
2. Interpret and analyze the phrase “Innocent until proven guilty.”
3. Identify the stipulations the Fourth Amendment.
4. Define US security policy and citizens legal rights.
5. Define and analyze the Patriot Act.
6. Explain the relationship between individual freedoms and the needs of society.
Materials:
- Copy of the Patriot Act (2003) (cite reference #1)
- News article regarding search and seizure (cite reference #2)
- Copy of the United States Constitution (cite reference #3)
Procedures:
Teacher will display the Fourth Amendment of the Constitution on an overhead:
“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”
Teacher will generate a classroom discussion, covering the important points:
o What is the general theme of this Amendment?
o What information do you think is missing?
o How is this Amendment is used today? (List examples, cases, news stories, etc)
Teacher will distribute articles, news sources about a case in the news that questions appropriate search and seizure: “Search and Seizure on Iowa's Roads”
Students will critically read the article and decide whether they agree or disagree with the outcome of the story. Students will organize themselves into two groups accordingly, and sit on opposite sides of the room. Each student will be responsible for defending their argument for choosing to side with the Iowa police or the drivers.
Teacher will wrap up discussion, noting the important issues raised, notably the concept civil liberties. A copy of the Patriot Act will be distributed to the class. The class will read and take notes on the document, highlighting critical themes, and noting questions or uncertainties they have. The teacher will survey the class, answering any questions about the language used in or structure of the document.
Students will be asked whether or they believe civil liberties should be sacrificed to protect the country. Students will again be divided into two sides, in favor of or against The Patriot Act. But this time they will be asked to defend the position they disagree with—this will challenge the students to consider the idea of search and seizure with an objective eye, and truly understand the advantages and disadvantages concerning such a controversial issue.
Students will engage in the same debate as they did for the news article.
Students will draft a letter to the president of the United States, supporting or opposing the Patriot Act.
o For those who agree with the Act, they may note the strength
§ The need country sacrifice in order for protection
§ Strength the language of the Patriot Act.
o For those who disagree with the Act, they may note the how it is in violation of the Constitution
§ Potential to alienate its citizens
§ how it effects the US’s foreign affairs
Students will be evaluated on:
o Their enthusiastic participation in class debates (0-5pts)
o The extent of critical analysis of the Iowa police issue and the Patriot Act (0-10pts)
o Students use of the stipulations of the Fourth Amendment in their discussion, responses, and drafted letters (0-10pts)
o The ability to stand behind facts and remove emotion from considering a complicated issue (0-5pts)
o The appropriate voice and acknowledgement of audience in their letter to the President of the United States (0-3pts)
§ Total 33pts
References:
American Civil Liberties Union (2003). USA patriot act. Safe and Free: Restore Our
Constitutional Rights. Retrieved October 25th, 2007 from http://www.aclu.org/safefree/resources/17343res20031114.html
Conetzkey, C. Ed. (1998). Search and seizure on iowa's roads. Iowa State Daily, Issue
date: 10/19/98 Section: Undefined Section. Retrieved October 25th, 2007 from
http://media.www.iowastatedaily.com/media/storage/paper818/news/1998/10/19/UndefinedSection/Search.And.Seizure.On.Iowas.Roads-1073894.shtml
National Constitution Center (2007). The constitution of the united states. Explore the
Constitution. Retrieved October 25th, 2007 from
http://www.Constitutioncenter.org/explore/TheU.S.constitution/index.shtml
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