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In June 2006 the Supreme Court ruled that military tribunals in which
defendants were not allowed to see evidence against them considered
confidential and a hazard to national security were unconstitutional.
Today the New York Times is running an article explaining that
Congress is considering passing a law supporting the use of military
tribunals, with rules similar to those rejected by the Supreme Court, to
try terrorist suspects.

The article states:
"The rules apply to the 14 members of Al Qaeda who the president
announced had been transferred from Central Intelligence Agency
prisons to the Guantanamo Bay naval base in Cuba. Those prisoners
have been interrogated in C.I.A. prisons and could be questioned
further and brought to trial under whatever provisions Congress
approves."


Discussion Starters

  • Ask students if they think that it's necessary for people to
    know what they are accused of doing wrong before they are
    punished. What if them knowing what they are accused of
    doing wrong, has the potential to put the lives of other people at
    risk? Does it matter how many lives might be at risk?
    Encourage students to support their opinions thoughtfully. You
    might ask students to write a position paper on this topic. You
    could even have them blog it.

  • You could set up a mock trial in your classroom in which
    somebody is being accused of terrorism. Government lawyers
    don't want to release details of the accusations because of
    national security risks. Lawyers for the defense have to argue
    that the defendant has a right to know these details. Lawyers
    for the government argue the opposite. You might even
    challenge another class to a debate. The debate could be
    videocasted, blogged, or put on a wiki.

  • Ask students how a consideration of the rights of defendants in
    terrorism cases might inform appropriate teacher behavior in
    the classroom. For example, if one student approaches the
    teacher with some very embarrassing information that he/she
    says another student has been spreading, should the teacher tell
    this information to the other student when asking if the
    accusation is true? Students should support their opinions.
    (This might be a very good activity to use with younger
    students. However, make up a scenario that has names (of
    students who are not in your class) to make the activity more
    realistic.

  • The United States has a very interesting system of government.
    The Supreme Court has already ruled that military tribunals
    cannot be held in which defendants are not told of the
    accusations against them. Now the President and Executive
    Branch are turning to Congress to pass a law that would allow
    such tribunals to take place. If the law is passed the tribunals
    can once again take place. However, if somebody challenges
    this law and the Supreme Court again finds it unconstitutional
    the tribunals will stop. An amendment to the United States
    Constitution would then have to be made to permit the
    tribunals. Ask students to develop a graphic organizer or
    picture explaining this process. After students have completed
    this activity you might scan their work into the computer and
    make it available for viewing on-line.
A Military Tribunal
Fall 2006
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