Congress has authority to regulate certain types of conduct that take place beyond the territorial borders of the United States. This is known as extraterritorial jurisdiction or ETJ. For example, the United States has agreements with numerous nations in which its armed forces are stationed. This permits the exercise of jurisdiction over those troops even though they are located in a foreign land. Section 804 of the PATRIOT Act extended ETJ to the overseas business premises of federal government entities and their staff residences—but only for crimes committed by or against U.S. citizens.

Thus, if a foreign national commits a terrorist act in another country, on a property that falls within the ETJ of the United States, a prosecution may be possible. In some cases, such as the 1989 arrest of Manuel Noriega in Panama, the United States may even send troops or law enforcement officials into another country and make the arrest (it did the former in Noriega’s case). Do you agree with this approach? Why or why not?