This chapter discusses the legal foundations of homeland security in the United States. It covers international and domestic law challenges, the historical context of state-sponsored terrorism, classifying state sponsors and foreign terrorist organizations, international counterterrorism cooperation, and key US legislation related to homeland security including the Patriot Act, the Department of Homeland Security Act, and the Patriot Reauthorization Act. It also examines the sweeping scope of new counterterrorism laws, the watchdog role of Congress, judicial decisions limiting executive authority, and the necessity of increased government authority.

1. Chapter 3
Legal Foundations of Homeland SecurityLegal Foundations of Homeland Security
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

2.  International and Domestic Law: PolicyInternational and Domestic Law: Policy
ChallengesChallenges
 Historical Context: State Sponsorship ofHistorical Context: State Sponsorship of
International TerrorismInternational Terrorism
 Legitimizing Legal Authority: Classifying StateLegitimizing Legal Authority: Classifying State
Sponsors and Foreign Terrorist OrganizationsSponsors and Foreign Terrorist Organizations
 International Law and CounterterroristInternational Law and Counterterrorist
Cooperation by the World CommunityCooperation by the World Community
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

3.  International and Domestic Law: PolicyInternational and Domestic Law: Policy
ChallengesChallenges
 International Law and Policy ChallengesInternational Law and Policy Challenges
 Domestic Law and Policy ChallengesDomestic Law and Policy Challenges
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

4.  Historical Context: State Sponsorship ofHistorical Context: State Sponsorship of
International TerrorismInternational Terrorism
 Reasons for International TerrorismReasons for International Terrorism
 Reasons for State Sponsorship of InternationalReasons for State Sponsorship of International
TerrorismTerrorism
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

5.  Legitimizing Legal Authority: Classifying StateLegitimizing Legal Authority: Classifying State
Sponsors and Foreign Terrorist OrganizationsSponsors and Foreign Terrorist Organizations
 Country Reports on TerrorismCountry Reports on Terrorism
 Legal Sanctions Against State Sponsors of TerrorismLegal Sanctions Against State Sponsors of Terrorism
 Foreign Terrorist Organizations (FTOs)Foreign Terrorist Organizations (FTOs)
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

6.  International Law and CounterterroristInternational Law and Counterterrorist
Cooperation by the World CommunityCooperation by the World Community
 International Conventions on Hijacking OffensesInternational Conventions on Hijacking Offenses
 Protecting DiplomatsProtecting Diplomats
 Extradition TreatiesExtradition Treaties
 International Courts and TribunalsInternational Courts and Tribunals
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

7.  Anti-Terrorism and Effective Death Penalty Act
of 1996
 USA PATRIOT Act of 2001
 Department of Homeland Security Act of 2002
 USA PATRIOT Improvement and
Reauthorization Act of 2005
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

8.  Anti-Terrorism and Effective Death Penalty ActAnti-Terrorism and Effective Death Penalty Act
of 1996of 1996
 Background: Centennial Park AttackBackground: Centennial Park Attack
 Background: Explosion of TWA Flight 800Background: Explosion of TWA Flight 800
 Specific Focus on Terrorism-Related OffensesSpecific Focus on Terrorism-Related Offenses
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

9.  USA PATRIOT Act of 2001USA PATRIOT Act of 2001
 Enhanced Surveillance AuthorityEnhanced Surveillance Authority
 Banking RecordsBanking Records
 Nationwide Search WarrantsNationwide Search Warrants
 Detentions of ImmigrantsDetentions of Immigrants
 Civil Liberties IssuesCivil Liberties Issues
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

10.  Department of Homeland Security Act of 2002Department of Homeland Security Act of 2002
 Bureaucratic Turf BattlesBureaucratic Turf Battles
 Cabinet-Level Department of Homeland SecurityCabinet-Level Department of Homeland Security
 Third Largest Federal AgencyThird Largest Federal Agency
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

11.  USA PATRIOT Improvement andUSA PATRIOT Improvement and
Reauthorization Act of 2005Reauthorization Act of 2005
 Congressional OversightCongressional Oversight
 Regular Reauthorization LegislationRegular Reauthorization Legislation
 Delineated Federal Access to Library RecordsDelineated Federal Access to Library Records
 Enhanced Penalties for Supporting TerrorismEnhanced Penalties for Supporting Terrorism
FinanciallyFinancially
 Improved CoordinationImproved CoordinationMartin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.

12.  Sweeping Scope of New LawsSweeping Scope of New Laws
 Watchdog Role of CongressWatchdog Role of Congress
 Judicial Decisions Limiting ExecutiveJudicial Decisions Limiting Executive
AuthorityAuthority
 Necessity for Increased Government AuthorityNecessity for Increased Government Authority
Martin, Understanding Homeland Security
© 2015 SAGE Publications, Inc.