Federal courts and national security  

Federal courts and national security

Federal courts

This is courts that are related to a system of government which is constituted of several states aimed at forming a union, but the countries remain independent in their internal affairs. Federal courts have limited jurisdiction which means they can only hear cases authorized by the United States Constitution or even by the federal statutes governing the United States (“Myth v. Fact: Trying Terror Suspects in Federal Courts”, 2016).  Federal courts were first established to cater for cases against the individuals from the states that had united whether they were in the states or outside the states. During the years following the rise of terrorism, federal courts were confused as for whether they had jurisdiction over such acts or whether there were other statutes that stated the organ responsible for such acts of impunity.

The courts in the current situation are “flooded” with cases, and this situation has caused the federal court’s jurisdiction to stretch to cater for the ever rising cases in the judicial system on terrorism (“Myth v. Fact: Trying Terror Suspects in Federal Courts”, 2016). The courts, having a clear spelled out customs and procedures make it easier and quicker to solve crimes that are related to terrorism while still taking care of its roles of cases against and involving members of the states that combined to form the federal courts. This means that the federal courts have helped the states in enforcing the national security. In additional to that function helping in solving the terrorism cases, the officials of the federal courts face the exceptional position of having to respond instantaneously to crisis actions that are war centered or criminal acts such as internal terrorism or external terrorism.

The new paradigm shift of warfare, which has changed the distinction between acts of war and those of terrorism, has blurred the previously clear line between the national defense and law enforcement (“federal Website “, 2016). Federal courts were initially formed as agents for law enforcement, but in the revitalization of terror in the current century, they have turned out to be used more as organs of national defense rather than the initial thought of them as law enforcers. The initial idea of national defense was that of a state that is in war but in the current situation it has changed to encompass a wider range of threats that face the states.  In this, it has called for the use of powers that are only outlined in the federal courts on when they are to be used thus the need to incorporate the federal courts in the fight against terrorism (“federal Website “, 2016). The federal courts help in controlling the use of the excessive war powers in the states that would result in the harming of the citizens.

The combined states depend on the federal courts to produce the laws that determine the actions to be taken on individuals perceived to be terrorists and who are seen as a scare to the national security. This means that it is responsible for directing the other courts on the course of action to be taken on an occasion of a national terror attack or the event that a citizen of one of its states is held in another country that is a non-member of the states about terrorism. The federal government also has powers that allow the national security to put up curfews and also search both the citizens and aliens when there is a state of emergency (“federal Website “, 2016).  This means that the federal courts have turned to participate in the war against terror fully.

References

Federal Website (2016). Google.com. Retrieved 4 November 2016, from https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&cad=rja&uact=8&ved=0ahUKEwipn7ij3I7QAhXOyRoKHXhgAaEQFgg-MAU&url=http%3A%2F%2Fguides.ll.georgetown.edu%2Fc.php%3Fg%3D365986%26p%3D2473116&usg=AFQjCNFzcnGtIZlnUoGTfSLu02mQeUuWBQ&sig2=d8l4oOv8rMos95xOMQdq0A

Myth v. Fact: Trying Terror Suspects in Federal Courts. (2016). Human Rights First. Retrieved 4 November 2016, from http://www.humanrightsfirst.org/resource/myth-v-fact-trying-terror-suspects-federal-courts

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