A quick review of the legal basis for DHS and its many implements makes plain the federalized plan or approach.
For this week’s discussion, give an example of how Congress and the President immediately pre-empted the states from taking the primary role in the matter of homeland defense. Discuss the implications of that decision in both a legal and factual sense; then assume that Congress decentralized homeland defense from the very first days after 9/11. What would be the implications legally? In what way might a factually decentralized model of homeland defense have been different than what we presently witness?