Panel: The Constitution and National Security
The Indiana Law chapter of the American Constitution Society hosts
a panel and community discussion with IU Law professors Pat Baude, Fred Cate, and Dawn
Johnsen. Dean Lauren Robel, Val Nolan Professor of Law, will moderate the discussion.
noon–1 p.m.
Moot Court Room (123)
Indiana University School of Law—Bloomington
211 South Indiana Avenue
Bloomington, Indiana
Panelists
Pat Baude, the Ralph F. Fuchs Professor of Law and Public Service, will introduce the upcoming Supreme Court case Boumediene v. Bush. On June 29, 2007, the Supreme Court granted certiorari in Boumediene v. Bush and Al Odah v. United States. The consolidated cases address, among other issues, whether the provisions of the Military Commissions Act of 2006 that bar Guantanamo detainees from pursuing habeas corpus petitions violate the Suspension Clause of the U.S. Constitution, and whether the detainees are entitled to pursue habeas claims in federal court.
Fred Cate, IU Distinguished Professor, will introduce the current issues surrounding the Foreign Intelligence Surveillance Act (FISA). This federal surveillance law has recently come under intense scrutiny. FISA is an important part of the debate concerning the Bush administration's warrantless wiretapping program, and Congress recently passed controversial amendments to FISA, expanding its scope and giving more discretionary authority to the Attorney General.
Dawn Johnsen, Professor of Law and Ira C. Batman Faculty Fellow, will introduce executive power in the context of the "War on Terror," addressing in particular the limitations on executive power imposed by the constitutional separation of powers. She will focus on recent examples of the Bush administration's approaches to the commander in chief power and the rule of law in counterterrorism efforts, and the extent to which Congress and the Court have provided effective checks.
Watch the video.