Rights at Risk in Wartime

The terrorist attacks on Sept. 11, 2001, stunned the nation. As commander-in-chief, President George W. Bush responded quickly but soon all three branches of government would be embroiled in the struggle to balance national security with the protection of individual liberties amid a war on terror. This lesson plan is based on the Annenberg Classroom video “Habeas Corpus: The Guantanamo Cases.” The four cases are examples of how the Supreme Court, the president and Congress fought to balance national security and civil liberties during the war on terror. At the heart of each case was the constitutional right of habeas corpus, the right to have one’s detention or imprisonment reviewed in court.

  • Resource Type: Lesson Plans
  • Subject: Foundations of Democracy
  • Grades: 9, 10, 11, 12

Abraham Lincoln, habeas corpus, writ of liberty, Constitution, wartime, liberty

The materials in this curriculum are designed to enhance the Institute’s Senate Immersion Module (SIM) experience, but can also be used separately. The SIM program is an educational, role-playing experience, developed to engage new generations of Americans. The Institute encourages classroom preparation for the SIM, active play at the Institute, and debriefing at the end of the experience.

  • Resource Type: Lesson Plans, Modules (Teaching Unit)
  • Subject: Legislative Branch/Congress
  • Grades: 8, 9, 10, 11, 12

When National Security Trumps Individual Rights

On December 18, 1944, the U.S. Supreme Court handed down one of its most controversial decisions when it upheld the government’s decision to intern all persons of Japanese ancestry (both alien and nonalien) on the grounds of national security. Over two-thirds of the Japanese in America were citizens and the internment took away their constitutional rights. In this lesson, students evaluate the consequences of past events and decisions related to the Supreme Court case Korematsu v. United States (1944). They consider the challenges involved when trying to balance civil liberties and national security during threatening times and reflect on the lessons learned about civil liberties from the justices in the Korematsu case.

  • Resource Type: Lesson Plans
  • Subject: Judicial Branch/Supreme Court
  • Grades: 9, 10, 11, 12

A Conversation on the Importance of the Japanese Internment Cases

Justices Stephen G. Breyer, Sandra Day O’Connor and Anthony M. Kennedy discuss two landmark cases, Korematsu v. U.S. and Hirabayashi v. U.S., in which the Supreme Court tried to strike a balance between individual rights and national security during wartime. The cases stem from President Franklin Roosevelt’s 1942 executive order that mandated the relocation of Japanese and Japanese Americans to internment camps. This video complements the documentary Korematsu and Civil Liberties.

  • Resource Type: Closed Captions, Video
  • Subject: Judicial Branch/Supreme Court
  • Grades: 8, 9, 10, 11, 12

Detaining U.S. Citizens as Enemy Combatants

This unit gives an overview of some of the issues relating to enemy combatants. It reviews some of the powers of Presidents during wartime, the rights of citizens here in the United States, and the ways the U.S. Supreme Court has tried to balance individual freedoms with national defense. And it presents a discussion model called “structured academic controversy” for exploring the facts, arguments, and options surrounding these issues.

  • Resource Type: Lesson Plans, Modules (Teaching Unit)
  • Subject: Executive Branch/Presidency
  • Grades: 9, 10, 11, 12

Lincoln and the “Writ of Liberty”

The actual right of habeas corpus is not stated anywhere in the Constitution or the Bill of Rights. The authors of these documents apparently believed that habeas corpus was such a fundamental liberty that it needed no further guarantee in writing. The only mention of the writ of habeas corpus in the Constitution relates to when it can be taken away from judges. On September 24, 1862, Lincoln issued a proclamation unprecedented in American history. He suspended the writ of liberty everywhere in the United States.

  • Resource Type: Lesson Plans
  • Subject: Executive Branch/Presidency
  • Grades: 9, 10, 11, 12