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 is detained, they are usually taken to a black site where they will be forced to talk by any means possible. While such torture may seem cruel, it would be a matter of life and death if the suspect has another attack planned. Therefore, forbidding such means is restrictive of some of the roles Homeland Security takes to keep America safe.
Conversely, the Fifth Amendment is more protective than restrictive to Homeland Security. Case in point, it requires that no one should be detained without due process (National Constitution Center, 1791). While at some point that may seem like a necessity, this is one of the ways law enforcement realizes they were holding and torturing the wrong person. Therefore, the due process ensures that proper investigation is done securing the conviction of the right people.
In summary, the Eighth Amendment is a bit restrictive to the role of Homeland Security as it forbids punishment and excessive bails thus making it easy for suspects to hold on to important information or to escape the justice process. On the other hand, the Fifth Amendment protective as it allows for due process, ensuring investigations are correctly done, and the right people are convicted.