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Constitutional Law

University of Michigan Journal of Law Reform

Terrorism

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Full-Text Articles in Law

Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano Dec 2007

Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano

University of Michigan Journal of Law Reform

The attacks of September 11 prompted a historic debate concerning terrorism and domestic emergency response. This ongoing dialogue has driven policy decisions touching upon both liberty and security concerns. Yet despite the enormous effort that has gone into the national response, the role of the sovereign states, and with it federalism, has received comparatively little attention. This Article explores the relevance of federalism within the context of the "War on Terror" and in the aftermath of Hurricane Katrina. Acknowledging that theories of federalism developed elsewhere are insufficient, he outlines a doctrine of 'emergency federalism.' The author argues that the Framers …


The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry Oct 2006

The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry

University of Michigan Journal of Law Reform

On December 16, 2005, the New York Times sounded a fire alarm when it revealed that, in response to the September 11, 2001 attacks, President George W Bush had issued a secret executive order permitting the National Security Agency (NSA) to conduct warrantless surveillance on individuals to unearth nascent terrorist activity. Congress responded to the disclosure of the NSA domestic surveillance program largely by shirking its oversight duties. This Note argues that when a single party controls both the executive and the legislative branches, the fire-alarm model fails to provide sufficient congressional oversight. Short of future elections altering the balance …