Memorandum Discussion
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Ashford University *
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406
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Political Science
Date
Feb 20, 2024
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docx
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Uploaded by DeaconIceGuineaPig5738
Pick out 1 out of 10 memorandums in your readings and identify why you choose this particular memorandum as well as its impact on homeland/national security
I choose the memorandum mainly because it deals the rights of the government and citizen privacy. The 4
th
Amendment of the United States Constitution; involves the protections of people from unreasonable searches and seizures by the United States government, and those that are deemed as unreasonable under the law. When assessing the OLC Opinion Addressing the Domestic Use of Military Force to Combat Terrorist Activities
; the debate of whether the Fourth Amendment is discussed. This memorandum is essential as it pertains to the exclusion of the Fourth Amendment when addressing the terrorism within the United States. This would also apply to terrorism that has been identified as a domestic threat. This memorandum is suggesting that if such threats were to occur and the response of these actions were to be a military mission within the homeland. Then the use of the Fourth Amendment to the parties involved would not be applicable. This has such a great impact on the national security of the United States, because
it involves the overall “classification” f the action. Therefore, if a terrorist attack such as 9/11 or similar was to occur on American soil, and this was homegrown. Such action would 1
st
need to be labeled as terrorism and since this action was homegrown it is now “domestic terrorism”. Thereby, the authorization for the use of force would not be law enforcement but military operational, due to its classification. With this the individual liberties of people involved under the US Constitution are not applicable due to their terrorist acts conducted. References:
justice.gov. (2008, October 6).
October 23, 2001 OLC Opinion Addressing the Domestic Use of Military Force to Combat Terrorist Activities;
U.S. Department of Justice. https://www.justice.gov/sites/default/files/opa/legacy/2009/03/09/
memoolcopiniondomesticusemilitaryforce10062008.pdf.
uscourts.gov. (2020).
What Does the Fourth Amendment Mean?
United States Courts. https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-
outreach/activity-resources/what-does-0.
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