Exam 16: Security and Freedom in Wartime and Pandemic

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

Ex parte Milligan arose as a result of _____.

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

Sneak and Peak Search Warrants are authorized by ____.

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

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?

The Freedom Act repealed most of the provisions in the Patriot Act.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

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

"Inter arma silent leges" means _____.

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?

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

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

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?

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

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

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

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"?

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

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

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