Legal process project

Legal process project

The Constitution’s structure, powers, and rights conferred in it

The constitution offers the structure for the organization of America’s government. The American constitution is organized into the preamble, articles and the amendments (Moore, 2017). The preamble contains the statement of purpose which shows the reason the authors of the constitution made the nation a republic. Simply the preamble explains why the constitution was written. The articles comprise the description of the various government bodies, responsibilities and powers and different legal and federal processes (Moore, 2017).

The branches discussed include the legislative, executive, judiciary which are involved in the day to day functioning of the government. The articles also include the amendment process, the relations between the states and ratifications. Amendments refer to alteration or additions made in the constitution to accommodate changes in the nation’s facets. The bill of rights is found here and other relevant modifications such as the abolishment of slavery in the 13th amendment (Moore, 2017).

The constitution ensures that the government is controlled by the people and that powers reside in the people. It provides separation of powers to prevent any one government branch from being too overpowering. Gives the legislative wing ability to make laws, set taxes, override vetoes, and regulate international and national trade. It also controls and provides power to the executive branch of the government including the president and the vice president (Moore, 2017).

Ensures that judicial power rests with courts created by Congress and the Supreme Court. Gives the president power to grant pardons, appoint federal officers, ensure that laws are executed and command the military. It also has power and control over the electoral process (Moore, 2017).

The constitution contains the bill of rights which includes: freedom of religion, the press, of speech and to petition. There is the right to bear arms. It has stipulated the right to no unreasonable search and seizure and the right to a fair and prompt public trial. Right to trial by jury in civil cases. Ensures that there is no excessive fines and bail or cruel punishment. Also gives citizens equal opportunity for voting and participation in political matters irrespective of color, race or ethnicity (Moore, 2017).

Historic threats to security and policies addressing them

Terrorism is at the top of the list regarding threats to homeland security. Since the 9/11 attack, the state has put much effort in preventing these attacks on American soil (Dorman, Williams, Rynning, Goldfischer, & Nielsen, 2017). This was done through intensification of specialized security personnel in the most vulnerable spots such as airports, subways, and cities.

Security was strengthened on land, on water, and in the air (Dorman et al, 2017). This has also led to the deployment of the transportation security administration and other teams in major event venue such as football stadiums to check the area before the game and even during the game. An elite air service has also been deployed as part of aviation security for such events (Dorman et al, 2017).

Border security is another security threat to the nation since it is traversed by an international border. This cuts the nation into two. These halves have developed differently regarding culture and history, and some of the residents wish to cross to the other side. People cross the borders illegally through tunnels and drainage systems (Dorman et al, 2017). Some of these individuals might be smuggling people, narcotics, and arms to and from the country.

The border patrol was tasked with replacing the weak gates in the tunnels with strong steel ones curtailing illegal crossing. Also, the immigration and customs enforcement wing established the Nogales tunnel task force made up of various agencies to combat the border problem (Dorman et al, 2017). Policies to cease smuggling through the borders has been addressed through the border patrol departments where they have developed strategic measures and technology such as radars and sensors to prevent this problem.

The way public policy evolves into law with the interaction of government branches

Decisions in community policy are often decided by an assembly of people with different interests and beliefs. The executive branch is primarily responsible for policies enactment. The problem is first recognized, and strategies to address it are laid (Gerston, 2014). The agenda is then set for the policy which has already been prioritized. At this moment there is pressure from both legislative and executive branches.

The policy is then formulated, and both departments are given the mandate to get involved in the formulating the policy. Once various plans have been presented, one policy is accepted by the choice makers (Gerston, 2014). Policy adoption may occur if the president signs an executive directive or when Congress passes it which is usually slow. Implementing the policy is the task of the executive (Gerston, 2014).

The way judiciary creates public policy and reviews laws

The judicial body has authority to rule laws that violate the constitution’s amendments. Courts also have the power to strike down state laws based on the state constitution (Gerston, 2014). It ensures that any policy sponsored by the executive and legislative branches contravening the constitution will have to be reviewed.

Relevant legislative acts of the Global War on Terror

Use of diplomacy which was introduced by President Bush which involved creation of alliances worldwide since many nations are affected in case America or any other country faces a terror attack (Martin, 2017). Military campaigns were also endorsed which enjoy the support from other countries. This has led to terrorists surrendering due to the destruction of their training camps and control sites (Martin, 2017). Strengthening of homeland security also was aimed at protecting citizens from terror attacks by intensifying intelligence efforts and implementation of strict airport safety measures. Protection of Muslims from acts of hate crimes primarily in the United States where they were despised after the 9/11 attacks was also to reduce the terror attacks. Events were held to promote peace such as hosting of the Eid event in the white house and through education to encourage friendship (Martin, 2017).

References

Dorman, A., Williams, J. A., Rynning, S., Goldfischer, D., & Nielsen, S. C. (2017). US national security: new threats, old realities. International Affairs, 93(3), 709-716.

Gerston, L. N. (2014). Public policy making: Process and principles. Routledge.

Martin, G. (2017). Understanding terrorism: Challenges, perspectives, and issues. SAGE publications.

Moore, W. D. (2017). Constitutional rights and powers of the people. Princeton University Press.

 

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