SOUTH TEXAS COLLEGE OF LAW

BUSH SCHOOL - TEXAS A&M UNIVERSITY

 

2003 SPRING SEMESTER

 

PROFESSOR R. J. GRAVING

 

NATIONAL SECURITY LAW

 

This exam is Open book- Open materials.

 

PROBLEM I

 

1. The President's power to repel "sudden attacks" absent a declaration of war does not appear expressly in the Constitution. What would you cite as authority for the proposition that the President has that power?

 

2. What rebuttable presumption (if any) is there as to the extraterritorial scope of Congressional legislation?

 

3. What persons as potential "targets" of surveillance are covered by the Foreign Intelligence Surveillance Act as amended?

 

4. What is the Doctrine of Specialty?

 

5. What should a person understand by reference to "the Fifth Function"?

 

6. Identify one exception to the Silver Platter Doctrine.

 

7. What is the difference between "covert" operations and "clandestine" operations?

 

8. What is the difference between a Congressional "concurrent" resolution and a Congressional "joint" resolution?

 

9. With what provision of the Constitution is the "exclusionary rule" concerned?

 

10. There are a number of rationales for a court's declining jurisdiction in a case. Name two of them.

 

11. (a) Can an Executive Agreement entered into on the President's authority alone trump a state law? Yes or No. And (b) can it trump a prior federal law? Yes or No.

 

12. The jurisdiction of a State (i.e. nation or country) to prescribe law with respect to conduct or status can be based on a number of principles. Identify three.

PROBLEM II

 

Briefly, what principles do you think the authors of our casebook sought to illustrate by including each of the following cases?

 

Garcia-Mir v. Meese (p. 231)

 

Orlando v. Laird (p. 266)

 

Greene v. McElroy (p. 106)

 

Ray v. Turner (p. 933)

 

Little v. Barreme (p. 71)

 

PROBLEM III

 

(a) Is the decision in Dames & Moore v. Regan (casebook p. 115) consistent with that in The Steel Seizure Case (casebook p. 31)? Explain.

 

(b) In a June 14, 1971 telegram to the New York Times (casebook p. 1017) Attorney General John Mitchell warned that publication of the Pentagon Papers was "directly prohibited by the provisions of the Espionage Law, Title 18, United States Code, Section 793. (§ 793(e) is at p. 1021 top.) Was he right? Explain.

 

PROBLEM IV

 

It has been said that in December 2001 President George W. Bush gave notice that the 1972 US/USSR Treaty on the Limitation of Anti-Ballistic Missile Systems (ABM Treaty) would be unilaterally abrogated at the expiration of six months. (a) What do you suppose was meant by "unilaterally" and "abrogated"; (b) Why might those terms be misleading? and (c) What might the President cite as authority for what he did (without House or Senate action in the matter)?

 

PROBLEM V

 

Read the attached (following page) piece by "neo-conservative" commentator (and psychiatrist) Charles Krauthammer (April 18, 2003), especially the segment marked in the margin. What national and international "authorizations", if any, does the President need to take the actions urged? (Organize your thoughts carefully and logically - answer counts for 20% of final grade.)