Skip to content
LPBN-Icon-v1
ImmigrationProf Blog
A Member of the Law Professor Blogs Network

Constitutional Project: “Liberty and Security: Recommendations for the Next Administration and Congress”

By immigrationprof

The Constitutional Project has released “Liberty and Security: Recommendations for the Next Administration and Congress,” a collaborative effort by leaders and experts on security, civil liberties, and human rights issues to identify key policy objectives and recommendations, gathering proposals into one comprehensive set of recommendations for transition personnel.

Over a period of months, the Constitution Project facilitated an effort by more than 25 organizations and 75 individuals to identify 62 items for congressional action and 118 items for executive action. The report’s 20 chapters cover five broad issue areas: (1) detention, interrogation, and trials, (2) immigration and national security, (3) secrecy, surveillance, and privacy, (4) separation of powers, and (5) charities and foundations.

Two weeks ago, the Constitution Project released another collaborative transition report, “Smart on Crime: Recommendations for the Next Administration and Congress.” Both reports can be found at http://2009transition.org

“Liberty and Security” contains the following chapters:

Charities and Foundations
– Chapter 1:  Eliminate Unnecessary Barriers To Legitimate Charitable Work

Detention, Interrogation, and Trials
– Chapter 2: Closing Guantanamo
– Chapter 3: End Illegal Detention, Torture, and Rendition
– Chapter 4: Prosecute Terrorist Suspects in Accordance with the Law

Immigration and National Security
– Chapter 5: Failing to Protect Refugees and Asylum Seekers:  Overly Broad Definition of Material support for Terrorism.
– Chapter 6: Ending Immigration Enforcement Based on National Origin, Ethnicity, and Religion
– Chapter 7: Misuse of Immigration Detention Laws in Counterterrorism Efforts

Secrecy, Surveillance, and Privacy
– Chapter 8: Revising Attorney General Guidelines on FBI Investigations
– Chapter 9: Updating the Law Governing the Privacy of Electronic Communications
– Chapter 10: Fusion Centers and the Expansion of Domestic Intelligence
– Chapter 11: Promoting Government Transparency
– Chapter 12: National Security Letters and Section 215 of the USA PATRIOT Act
– Chapter 13: Reform of the National Security Surveillance Laws and Procedures
– Chapter 14: Preventing Over-Classification and Retroactive Classification and Promoting Declassification of Government Documents
– Chapter 15: Reforming the State Secrets Privilege
– Chapter 16: Reforming Watch Lists

Separation of Powers
– Chapter 17: Assertion of Executive Authority in National Security Matters
– Chapter 18: Executive Privilege and Congressional Oversight
– Chapter 19: Signing Statements
– Chapter 20: War Powers Authority

KJ