• Handout A: Constitutional Provisions Related to Due Process and Fair Trial
• Handout B: Background Essay—Due Process and Military Justice
• Handout C: Glossary
• Handout D: Case # 1— Hamdi v. Rumsfeld (2004) Background and Facts
• Handout E: Case # 2— Rasul v. Bush (2004) Background and Facts
• Handout F: Case # 3— Hamdan v. Rumsfeld (2006) Background and Facts
• Handout G: Case # 4— Boumediene v. Bush (2008) Background and Facts
• Handout H: Case # 1— Hamdi v. Rumsfeld (2004) Supreme Court Decision
• Handout I: Case # 2— Rasul v. Bush (2004) Supreme Court Decision
• Handout J: Case # 3— Hamdan v. Rumsfeld (2006) Supreme Court Decision
• Handout K: Case # 4— Boumediene v. Bush (2008) Supreme Court Decision
• Handout L: Case # 5— U.S. v. Khalid Sheikh Mohammad, et al. Military Commission Proceedings 2011-2015
• Handout M: Timeline— Military Justice during the War on Terror
• Handout N: Comparing Supreme Court Decisions

Activity I

1. Divide the class into four groups. Give each group one of the Case Background and Facts Handouts:
   1. Handout D: Case # 1—Hamdi v. Rumsfeld, June 28, 2004 Background and Facts
   2. Handout E: Case # 2—Rasul v. Bush, June 28, 2004 Background and Facts
   3. Handout F: Case # 3—Hamdan v. Rumsfeld, June 29, 2006 Background and Facts
   4. Handout G: Case # 4—Boumediene v. Bush, June 12, 2008 Background and Facts

   Each group should analyze the case assigned and decide how the Supreme Court should rule on the constitutional questions.

2. Have each group report to the whole class how it would have decided the assigned case, including the reasoning it used. If the group’s decision was not unanimous, be sure to have dissenters report their reasoning as well.
3. Provide each group with its respective Supreme Court Decision Handout, and give students time to read the decision excerpts.
   1. Handout H: Case # 1—Hamdi v. Rumsfeld, June 28, 2004 Supreme Court Decision
   2. Handout I: Case # 2—Rasul v. Bush, June 28, 2004 Supreme Court Decision
   3. Handout J: Case # 3—Hamdan v. Rumsfeld, June 29, 2006 Supreme Court Decision
   4. Handout K: Case # 4—Boumediene v. Bush, June 12, 2008 Supreme Court Decision
4. Have each group report/summarize the Court’s majority and dissenting opinions to the class. Encourage discussion after each report by asking the following questions:
   1. How do the Justices’ opinions illustrate differing viewpoints concerning liberty and security?
   2. After reading the excerpts of the Court’s opinions, did any members in your group change their minds regarding constitutional principles of fair trial and due process?
   3. What components of a fair trial figured most prominently in the Justices’ reasoning?
   4. To what extent and in what ways does your group believe the Constitution takes on different meanings during wartime?

Activity II

1. Distribute Handout L: Case # 5—U.S. v. Khalid Sheikh Mohammad, et al. Military Commission Proceedings 2011- 2015, and have students work with their groups to answer the questions provided.

1. Distribute Handout M: Timeline—Military Justice during the War on Terror. Have students work alone or in their groups, depending on which best meets the needs of your class.
   1. Summarize the historical significance of each event.
   2. Use color coding to indicate whether they agree with (green) each U.S. action or disagree(red).
   3. Answer the questions and complete the activities at the end of the timeline.
2. Distribute Handout N: Comparing Supreme Court Decisions. Students will use the table to compare and contrast Supreme Court decisions related to habeas corpus and other due process protections. Then, they will evaluate the Hamilton quote from Federalist No. 8.