1. The Department of Homeland Security falls under the Department of Interior.

2. While the Department of Defense has responsibility for deployment of military forces, the Department of Homeland Security coordinates security issues inside the US.

3. Under the USA Patriot Act, new federal crimes were created.

4. In time of war, the government's authority to restrict civil liberty is greater than in peacetime.

5. Under the Foreign Intelligence Surveillance Act (FISA), the "secret courts" have almost universally authorized the government's requests for electronic surveillance warrants. 

6. The two "secret courts" under FISA are ex parte, that is, only the prosecutors get to present evidence. 

7. Only a formal declaration of war under Article I of the Constitution will give the president authority to exercise his commander in chief powers to use military force against another nation-state.

8. No President of the United States had agreed with the legality of the War Powers Resolution.

9. In the Iran-Contra Affair, the senior members of the National Security Counsel were found guilty of violating the National Security Act.

10. In United States v. Rahman the defendants were convicted of  treason for their parts in the 1993 World Trade Center bombing.

11. In the Hamdi v. Rumsfield case, the court held that only declared wars with traditional battlefields would suffice to give the Executive Branch its power to wage war.

12. The Courts have thus far agreed with Hamdi and Padilla in their arguments that as a captured enemy in the war against the US, they were entitled to POW status and not as an unlawful combatant criminal.

13. In Mora v. McNamara the US Supreme Court refused to allow the courts to hear the case of whether citizens could be ordered to particpate in the Vietnam Conflict even if no war had been declared by Congress.