ABSTRACT

Homeland security and emergency management are part of a key function of government: protection of its citizens. This chapter provides an overview of areas of law and policy that impact homeland security in the United States. It explores the meaning of law and policy, sources of legal authority, basics of constitutional law, US agencies and government structures that address homeland security, major federal statutes impacting homeland security, and hazardous materials law and laws impacting detention of terrorism suspects. The US Constitution is the basis for all law in the United States and establishes the three branches of government: legislative, executive (president and the executive departments and agencies), and judicial (Supreme Court and lower courts). The Foreign Intelligence Surveillance Act of 1978 provides legal authority for gathering information and intelligence on "agents of foreign powers", meaning individuals that are not citizens of the United States. The study of law and policy is an integral part of the study of homeland security.