The Politicization of the Designation of Foreign Terrorist Organizations: The Effect on the Separation of Powers
![handle is hein.journals/cardplp6 and id is 553 raw text is: THE POLITICIZATION OF THE DESIGNATION
OF FOREIGN TERRORIST ORGANIZATIONS:
THE EFFECT ON THE SEPARATION
OF POWERS
Julie B. Shapiro*
Those who would give up essential Liberty, to purchase a little tempo-
rary Safety, deserve neither Liberty nor Safety..
INTRODUCTION
The United States government has resorted to makeshift proce-
dures to designate certain groups as foreign terrorist organizations.
This statutory scheme defies the Constitution. The foundation upon
which these procedures are based predates the horrific attacks of Sep-
tember 11, 2001, as it was evident even beforehand that the federal
government needed effective tools to combat the threat of international
terrorism.2 Congressional findings indicated that some foreign terrorist
organizations, acting through affiliated groups or individuals, raise sig-
nificant funds within the United States, or use the United States as a
conduit for the receipt of funds raised in other nations. 3 The fruition
of terrorist plots, such as the 1993 bombing of the World Trade Center,
prompted Congress to enact the Antiterrorism and Effective Death Pen-
alty Act of 1996 (AEDPA) as a means of deterring and punishing
terrorist activities.4
* J.D., Georgetown University Law Center, 2007; A.B. in Political Science, Stanford Uni-
versity, 2003. The author would like to thank Professor Neal Katyal for his tremendous insight,
encouragement, and guidance, and dedicates this article to her grandma, Florence Klein, whose
love and endless support make anything possible.
1 Benjamin Franklin, Historical Review of Pennsylvania, 1759, available at http://
www.bartleby.com/73/1056.html. Senator Hatch quoted these prescient words in a floor debate
prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996. See 141
CONG. REc. S7479-80 (daily ed. May 25, 1995) (statement of Sen. Hatch).
2 Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132,
§ 301(a)(1), 110 Stat. 1214, 1247 (1996) [hereinafter AEDPA] (finding that international ter-
rorism is a serious and deadly problem that threatens the vital interests of the United States).
3 Id. § 301(a)(6).
4 AEDPA, supra note 2.
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The Politicization of the Designation of Foreign Terrorist Organizations: The Effect on the Separation of Powers
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