National Security and the Protection of Constitutional Liberties: How the Foreign Terrorist Organization List Satisfies Procedural Due Process18 April 2014
Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security. The Foreign Terrorist Organization (FTO) List seeks to temper that threat by extending the U.S. government an effective legal tool to identify and sanction members of terrorist organizations and those who support them. At the same time, however, the government must also ensure that its efforts to protect U.S. citizens do not trample constitutionally protected rights. This comment begins by exploring the FTO List's authorizing legislation and the policy and goals of that legislation. The comment then reviews and analyzes a series of cases discussing the due process rights given to designated organizations, and assesses whether the FTO designation processes effectively balance the government’s duty to protect the nation’s security and liberty.