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National Security: War Powers and Combatting Terrorism

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1. Discuss War Power along with theory and law. How does the War Powers Resolution work? Briefly discuss international law as it applies to military force. Briefly describe the Constitutional Chain of Command. What is the Posse Comitatus Act?

2. Explain law enforcement, all levels, role in combating terrorism. Highlight key criminal laws and or Acts that can be used to combat terrorism. Highlight the incident response process to a terrorist incident.

3. Explain what critical infrastructure means and how it applies to combating terrorism. Develop five non-structural mitigation strategies against terrorism. Develop five structural strategies against terrorism. Provide one Biblical example of critical infrastructure protection.

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This posting describes three aspects of National Security and provides examples to illustrate them.

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1. War Power means the authority to declare war on behalf of the United States. The law is that Clause II, Section 8, Article 1 of the Constitution gives Congress the authority to declare war. The President gets the power to command and control the military after Congress declares war. This authority is obtained from Section 2, Article II of the US Constitution. The War Powers Resolution of 1973 is a law that controls and reduces the President's power to declare war without the consent of Congress. The President cannot commit the United States to war without the consent of Congress (a). The President can send the armed forces to war only if war is declared by Congress, if there is statutory authority to declare war, or if there is a national emergency because of an attack on the United States or its armed forces. The War Powers Resolution works because the President must notify Congress within 48 hours of going to war and the military must not remain for more than 60 days with 30 days of withdrawal.

International law bans countries from using force in international relations (See. UNC Article 2(4). The use of force is allowed in self-defense (See Article 51) or under UN Security Council authorization to use power under Article 42. According to Article 51, a country has the full right to defend itself if an armed attack occurs against it, till the UN Security Council takes measures to bring peace and security (b).

The constitutional chain of command gives an order of succession that details that the office of the President passes to the vice president, the speaker of the House of Representatives, the president pro-tempore of the US Senate, and then to the US Cabinet secretaries based on their eligibility. The chain of command is called the constitutional chain because it is specified in Clause 6, Section 1, Article II of the Constitution, the 20th Amendment, the 12th Amendment, and the 25th Amendment.

The Posse Comitatus Act of 1878 is a law (federal) that circumcises the powers of the federal government in using military personnel to enforce domestic policies. This law was updated in 1956 and 1981. The 1956 amendment expanded the scope of the law to the Air Force and in 2022, the National Defense Authorization Act increase the scope of the law to cover the Marine Corps, Space Force, and the Navy. The main purpose of the Posse Comitatus Act (1878) was to prevent the military to be used by regular civil law enforcement. The law was passed because of cruelty and mistreatment from the widespread use of the army in civil law enforcement during the period of Reconstruction and the Civil War.

2. Law enforcement, at all levels has a critical role to play in combating ...

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