Can you identify the constitutional law issues in this hypothetical fact pattern?

Reply Mon 15 Dec, 2014 05:15 pm
15/11/2013: State of New Hampshire passed Criminal Destruction of Property Act (CDPA), providing “lawful excuse” defence allowing for damage to property to prevent greater harm e.g. breaking down burning building to extinguish fire.

30/11/2013: President signs Defense of the Homeland Act (DHA) passed by Congress under Commerce Clause. DHA criminalizes environmental terrorism.

Dec.2013: New Hampshire jury acquits 3 environmental activists relying on CDPA defense on grounds for causing $250k damage to coal-fired power plant (owned by a multinational independent power producer) under construction in Laconia, NH. Climate scientists in trial testify coal-fired power stations contributed to CO2 emissions exacerbating global warming. Laconia plant had been approved by State & Federal agencies. Federal gov pressed charges against the 3 under Federal DHA.

Pres. in furtherance of Global War on Terror places an embargo on transactions between US companies & terrorist nations, WITHOUT consulting Congress. Congress recently passed joint resolution declaring Syria, Iran & N. Korea terrorist states.

Pres. requests Secretary of Defense in interests of national security revoke passport of ZK (environmental activist & Occupy Wall Streeter - not Scandinavian or one of Laconia-three). Wiretaps placed by Executive Branch without judicial intervention revealed ZK was a mastermind behind power plant incident and was planning trips to Cuba, Caracas & Tehran to denounce US environmental policy.

Defense Secretary decreed some members of militant eco-community in Brooklyn, deemed to be radicals, rounded up and brought to be tried by military tribunals. 5 individuals, non US citizens, illegal aliens from Scandinavia, belong to Green Alliance Center (GAC) where blueprints for activist activities are laid out for execution. Laconia ecoactivism was planned at GAC. The 5 are placed under house arrest awaiting trial by courts martial. Allege to being targeted based on national origins.
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