The War on Terrorism and Individual Liberty:
A Research Guide
Grade 11
American History
This project was developed as part of the Title III Technology Literacy
Challenge Grant’s
Capital Region Collaboration for Technology
Education
2002
Created by Joseph Anastasio
Academy of the Holy Names
1075 New Scotland Avenue
Albany, New York 12208
Introduction
One
of the greatest challenges facing the American people in the aftermath of
September 11 is the necessity of protecting the country from future
attacks. Once again, the country and
her leaders are striving to maintain a delicate balance between the need for
security and the individual rights of its citizens. The tension created as a result of this conflict is a major focus
of study in the eleventh grade American history curriculum. The purpose of this
site is to provide students with a research tool to study the significant
historical precedents of this challenge.
1. The United States Constitution
Any discussion of individual
liberty must start with a study of the Constitution. While students may find many online versions of the document,
CongressLink’s web page “is unique because it contains links within the text to
terms that may require definition for students and to historical notes that
supplement the text.” Special attention
should be given to the war powers granted by the Founding Fathers to each
branch of government.
http://www.congresslink.org/resourc.html
University of Missouri Law Professor Douglas Linder’s web page, entitled Exploring Constitutional Conflicts, provides a concise chart that lists the war powers of each branch of the national government.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/warandtreaty.htm
The Bill of Rights Institute
provides a copy of the original Bill of Rights as well as several tools that
allow for easy access to current issues:
http://www.billofrightsinstitute.org/links.php
2.
The United
States Supreme Court
The Supreme Court has played a
crucial role in defining the limits of government power during times of war and
crisis. The following cases are
especially appropriate for study and review:
a. Ex parte Milligan: “A democracy, even at war,” remarks the
author in his introduction to this famous case, “must retain its basic democratic character, or else it loses
that for which its citizens fight. War,
however, places great strains on the body politic, and occasionally individual
liberties and the needs of the state come into conflict.” Following the Civil War, the Supreme Court
addressed the issue of President Lincoln’s decision to suspend the writ of
habeas corpus during the war. The
following link provides a brief introduction to the case as well as the opinion
of the Court:
http://usinfo.state.gov/usa/infousa/facts/democrac/26.htm
b. Schenck versus United States: During World War I Charles Schenck, a Socialist,
opposed to America’s involvement in the war, encouraged young men to resist the
draft. How would the Supreme Court
respond to Schenck’s defense that the government denied his first amendment
right to freedom of speech? The
decision established the very significant doctrine of “clear and present
danger.” The following passage
introduces the student to the famous opinion of Supreme Court Justice Oliver
Wendell Holmes:
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/schenk.html
c. Ex parte Endo:
following the attack upon Pearl Harbor, many Americans feared that
Japanese-American citizens living on the West Coast were a potential threat to
the nation’ security. Consequently,
the United States government forced approximately 100,000 Japanese-Americans to
leave their homes and relocate in internment camps. In a series of legal cases
the Supreme Court addressed the following question: Could the government
restrict the rights off a certain group of people in times of war? The following site provides a brief discussion
of the three most significant cases that were argued before the Supreme Court: http://usinfo.state.gov/usa/infousa/facts/democrac/65.htm
3. In the Aftermath of September 11
Many popular media sites,
including television, magazines and newspapers provide the most current
information on the war on terrorism. Many possess a search engine, devoted
specifically to the topic of terrorism:
a. The New York Times terms its
site “A Nation Challenged.” The paper provides links to everything from
a timeline to an article on the Taliban:
http://www.nytimes.com/pages/national/dayofterror/
b. The Washington Post site has an
excellent search engine. Using the key words “civil liberties,” a search
generates one hundred and seventy entries.
http://www.washingtonpost.com/wp-dyn/nation/specials/attacked/
.
Teacher Notes
Process
Each of the web sites
discussed in this project reflects significant themes developed in the grade 11
American History curriculum. The
conflict between individual liberty and the needs of a nation at war, as discussed
in the introduction, is especially significant. The web sites developed in this project can be easily
incorporated chronologically. The link
to the Constitution is especially valuable in a course where the major emphasis
during the year is on the document. The
sites on the Supreme Court can provide original source materials for a DBQ
question that analyzes the constitutional conflict that has served as a major
theme of this project. Ideally the
sites in this project will enable students to draw comparisons to current
issues of national security that have arisen as a result of September 11.
NYS Learning Standards and the National Technology
Educational Standards
Standard 1: History of the United States and New York Students will use a
variety of intellectual skills to demonstrate their understanding of major
ideas, eras, themes, developments, and turning points in the history of the
United States and New York. The theme of this project, the constitutional conflict between individual rights and the needs of a
country at war, is especially significant in the world of today’s high school
student. The issue frequently
dominates the news. The web sites in the project allow the student to
appreciate the historical complexity of the issue. Ideally, they will provide the background to allow the student to
engage in this debate. Several of the
web sites allow the student to research topics of interest.
Standard 5: Civics, Citizenship, and Government Students will use a variety of
intellectual skills to demonstrate their understanding of the necessity for
establishing governments; the governmental system of the United States and
other nations; the United States Constitution; the basic civic values of
American constitutional democracy; and the roles, rights, and responsibilities
of citizenship, including avenues of participation. The content of the project will allow students “to demonstrate
their understanding” of the United States Constitution and “the basic civic
values of American constitutional democracy.”
Information provided by the web sites in this project will enable
students to analyze national security issues in the light of historical
precedents.
Technology Foundation Standards for
Students
- Basic
operations and concepts:
·
Students
are proficient in the use of technology.
- Social,
ethical, and human issues:
·
Students
develop positive attitudes toward technology uses that support lifelong
learning, collaboration, personal pursuits, and productivity.
- Technology
productivity tools
·
Students
use technology tools to enhance learning, increase productivity, and promote
creativity.
- Technology
research tools
·
Students
use technology to locate, evaluate, and collect information from a variety of
sources.
·
Students
use technology tools to process data and report results.
- Technology
problem-solving and decision-making tools
·
Students
use technology resources for solving problems and making informed decisions.
·
Students
employ technology in the development of strategies for solving problems in the
real world.
Credits and References
Bonnie- Anne Briggs and
Catherine Petersen, Brief Review in United States History and Government
(Needham, Massachusetts, 1998)
Graphic courtesy of Microsoft
Office