Constitution Analysis- Amendments V and VIII Homeland Security is bound to its main objecting of protecting Americans; however, like any other department of the government, they are bound to the constitution as well. In this case, amendment V and VIII are concerned with how criminal cases are handled and through this, Homeland Security finds its boundaries and authorities when dealing with criminals. The first part of the Eighth Amendment requires that the court does not set excessive bails nor fines (National Constitution Center, 1791). Where it concerns Homeland Security, this is leniency as they mostly deal with large scale criminals who threaten National Security. Furthermore, most of these criminals have affiliations in the underground networks and would not have trouble leaving the country give a chance. As a result, setting an affordable bail for these individuals could allow them to escape justice and go forth to do more crimes. Similarly, the last part of the Eighth Amendment forbids any form of cruel punishments. (National Constitution Center, 1791). Notably, it is common knowledge that when a suspect of a terror attack…
The 10th amendment of the Constitution of the United States The 10th amendment of the Constitution of the United States invites the notion of reserve power. It states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” For this reason, States have the power to decide on issues not stated in the Constitution, including marriage laws, abortion. The 1oth amendment remains to be a crucial segment of the Constitution in that it gives its member states some degree of independence in decision-making. In his book, “Of the People,” the author James Oaks, gives a detailed review of the history of the United States. The author discusses essential clauses in the Constitution, including the 10th amendment. According to his text, some issues, such as abortion, should be left upon the state. (James Oakes)The reason behind this argument is that the state wields reserve power and should be able to exercise this power on issues, not under the jurisdiction of the federal government.…
A family constitution A family constitution is a documentation that has the rights, responsibilities, values, and rules to be followed by stakeholders. In the document, there is also a structure and plan of situations that may arise in the operations of the family business. A family constitution will help in ensuring that the stakeholders do their tasks diligently, and whenever there is a conflict, it will be resolved due to following the law. The constitution will control the family business since every generation will have set rules to follow. A family business should be created as early as possible, and some amendments may be made over the years. There should be a consensus of all stakeholders while making the amendments. The culture of the family business should be followed throughout the generations. Business managers can use the family business for planning purposes of the company. The manager can involve other stakeholders by; Getting professional advice on how to draft the constitution. Consult other family members to get the goals of the business and plan for the activities of the…
U.S Constitution and Ethical The role of the criminal justice system in counteracting terrorist attacks is a challenging one. The primary aim of counter-terrorism approaches should be to preclude terrorist incidents from happening. In some circumstances, law enforcement agencies can prevent terrorism from happening while maintaining constitutional ethics. In this submission, we will use the following case scenario; there has been communication breakdown for 2 hours in Washington DC; two bombs blow up in the senate, leaving ten members injured. The Patriot Act legislation of 2001 is an enactment passed to improve law enforcement’s abilities to detect and deter terrorism (McCarthy, 2002).In the case scenario, the terrorist attack will affect the law enforcement powers and due process within the courts based on the following regulations as laid down by the Patriot Act. First, the law enforcement agencies will be granted an opportunity to apply surveillance systems against several other terrorist attacks, gathering more data when examining in a broader view of the terrorist attack. This way, it offers the agencies to find more information on terrorist activities related to the…
Unconstitutionality of Solitary Confinement The isolation of prisoners in a closed cell for 23 hours a day or more depending on the situation is referred to as Solitary Confinement. Solitary Confinement is based on the unique feature that no human interaction is allowed for days, or even worse for decades. Solitary confinement is used as disciplinary, punitive, or in some cases as a measure of protection for the inmate or the correctional officers, for a determined or undetermined amount of time. Long term confinement can cause physical and mental health issues such as confusion, depression and hallucinations, and vision problems. The first recognized use of solitary confinement dates back to the 1780s when Walnut Street Penitentiary, located in Philadelphia, utilized solitary confinement for rehabilitative purposes. Solitary confinement is not constitutional, and its implementation is only aimed at imposing the superiority of the judicial system to the victims of the confinement and does not offer a better alternative for curbing misbehaving in the cells. The history of Solitary Confinement is associated with dictatorship and disrespect for humanity. Lessner discusses the history…
Essay on Constitution of India The supreme law of India is known as the Constitution of India. The framework of demarcating fundamental political code laid down in the documents, structure, procedures, powers, and duties of state institutions. It sets out fundamental rights, directive principles, and, therefore, the responsibilities of citizens. It’s the longest written Constitution of any country on earth. The chief architect of the Indian Constitution considered as B. R. Ambedkar, who was chairman of the drafting committee. Constitutional supremacy imparted on the Indian Constitution, not parliamentary sovereignty since it had been created by a constituent assembly instead of Parliament and was adopted by its people with a declaration in its preamble. The Constitution B. R. Ambedkar cannot override by the Parliament and Constitution of India on 2015 India postage. It was embraced by the Constituent Assembly of India on 26 November 1949 and has become effective on 26 January 1950. The Constitution replaced the govt of India Act, 1935, because the country’s fundamental governing document, and therefore the Dominion of India, became the Republic of India. The framers…
Broken Constitution The constitution of the United States is seen as a broken constitution in many ways. One reason many people see it as broken is because of its lack of democracy. The constitution of the United States of America never allowed women to vote. As per freedom, everybody should be allowed to vote for any leader of their choice. This was biased as the women were led by people they did not vote. The constitution was, therefore, undemocratic because it violated the right of the women to vote. Although this was removed in the amendment of the constitution, it is still undemocratic in the way of voting. This is because the constitution was made in a process that lacked democracy, and it has several barriers to achieving democracy. In the US elections, the voting is done by the Electoral College. This is an undemocratic process since it allows the candidates who did not win more votes to win. These flaws show that the constitution is undemocratic, and therefore people see it as a broken constitution. The constitution’s biggest flaw…
Constitutional Review; the Right to Privacy Introduction In essence, the framers of the Constitution, in spite of their remarkable foresight, were men all the same with limitations. Therefore, they could not have foreseen the resounding changes in the social, political, and economy of America, which has undoubtedly affected the relationship between governments. By establishing Liberty, equality, and limited government as the foundations of the Constitution, the framers made a flexible constitution that could evolve as long as it stayed true to the basic ideas that are behind its contents. In light of this, the right to privacy is legal and constitutional because it protects the Liberty of the people from overhanded government action, which is the soul of the Constitution. The right to privacy is legal and constitutional because it is underpinned by the principle of Liberty of the people and limited government that are central to the Constitution. The Main Ideas of the Constitution Equality is among the top ideas embedded in the American Constitution. In essence, equality entails ensuring that every American is guaranteed an equal opportunity…
Constitutional Amendments and Rights Guaranteed to All People Listed in The First 10 Amendments Introduction In the first 10 Amendment of the Constituent of the United States of America, various rights are guaranteed to all people. The First 10 amendments in the Constitution are also referred to as the Bill of Rights. The Bill of Rights comprises assurances of universal freedom and mind state power. They included it as a request to persuade states to approve the Constitution. The essential national political decision happened in 1789. Alongside President Washington, voters chose countless supporters of the Constitution. Practically, 50% of the ninety-one individual from the main Congress had assisted with composing or approve the Constitution. From the first 10 amendments in the Bill of Rights, the 1st Amendment (Freedoms, Petitions, and Assembly (was quite intriguing to me. It stated that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or the press; or the right of the people peaceably to assemble, and to petition the Government for a…
L212-Space Force According to James and Welsh (2015), some of the missions of the air force of the future will include multi-domain command and control and rapid global mobility. One of the ways through which these missions can be realized involves the establishment of a space force. This paper examines the issues pertaining to the setting up of the space force, including recruiting, arming and training the needed personnel and the politics and delineation of interagency responsibilities. To begin with, the process of the establishment of the space force is facing major challenges when it comes to recruiting, arming, training and equipping the necessary human resources. For instance, the establishment of the space force requires massive budgetary allocation. At the moment, only a proposal exists on how the money needed to set up the space force will be sourced. For instance, the Department of Defense (2018) argues that the money needed to fund the setting up of the U.S space force will be factored in the 2020-2011 budget plans. Besides, it is still unclear how the training of personnel that…