War and Civil Liberties

Lesson Plans

Lesson # 1

The Rules of War Time: one 90 minute period

Source to be used: Yale Law School Avalon Project Web site. The Lieber Code.

Use the Internet to find information about the Lieber Code. When was it written? Why was it written? Are parts of it still used?

Vocabulary to be defined: Martial, hostile, incumbent, paramount, oppression, statute, siege, besieged.

Have students answer questions based on the following Articles of the Code:

Article 1. What is martial law? Where is it imposed? How long does it last?

Article 2. "Military oppression is not military law". What does this mean? Why must a soldier be guided by principles of "justice, honor and humanity". What advantage does he have over civilians?

Article 5. "Saving the country is paramount to all other considerations." Explain this statement.

Article 12. Who approves a death penalty? Must the chief executive always review it?

Article 13. What are the two types of military justice?

Articles 15 and 16. What does military necessity permit? What does it not permit?

Articles 17 and 18. What is permitted in a siege? What is the status of civilians?

Article 29. "The object of all modern war is Peace." "The more vigorously a war is pursued, the better it is for humanity". Explain this statement.

Article 35 and 36. What works of art should be protected? This is particularly relevant to Iraq and Bosnia.

Article 43. What happens to slaves?

Articles 49 and 50. Who are prisoners of war?

Articles 63, 65, 81-85. What people are not allowed to have prisoner of war status?

Articles 88-89. What is a spy?

Articles 74-76. How should prisoners of war be treated?

Lesson #2

Trial of Lincoln Conspirators Part I Time: 45 minutes

Use the University of Missouri-Kansas City Law School site.

1. Attorney General Speed defines two types of enemy (p.4).
2. What are these two types and into which category do the conspirators fall?
3. Tribunals exist to serve justice, save life and prevent cruelty (p.6).
4. Is this true in the case of the detainees in Cuba?
5. What is a "public enemy" (p.7)?
6. Was this description valid for the Lincoln Conspirators?
7. Was it valid for the German saboteurs?
8. Is it valid for currently held alleged terrorists?
9. What are the arguments against military tribunals (p. 8)?

Lesson #3

Lincoln Conspirators Part II Time: 45 minutes

Use the University of Missouri-Kansas City Law site.

Students will read a writ of habeas corpus.

The focus is on Mary Surratt. Students will answer the following questions:

• Why did Mary Surratt's lawyers want a writ?
• What was the evidence for and against her?
• Do you think she was innocent?
• The military commission asked for leniency for her. Did she get thisbenefit because she was female? Was this fair?
• Why was her son not tried?

Use some of the testimony and have students take parts to dramatize it.

There is a good Jeopardy game on the site.

Lesson #4

Ex Parte Quirin 45 minutes or group project

• What were the circumstances of this case?
• What were the arguments for trying them in a tribunal.
• What mistakes did FDR make?
• What parts of this are being used in the current fight against terrorism?

Post 9/11 trials: Group Projects

Use the Hamdi, Padilla and Moussaoui cases

• A. Trials of Guantanamo detainees will continue. Have students read a daily paper.
• B. What was the citizenship status of each person?
• What were the circumstances of the arrest of each?
• Was racial or ethnic profiling used?
• What were the charges brought against each?
• What were the legal issues?
• How was each case resolved?