Homeland Security And Constitutional Issues

Length: 6 pages Sources: 1+ Subject: Law  (general) Paper: #74789987 Related Topics: Homeland Security, Dystopia, Constitutional, Alexander Hamilton

Excerpt from :

Homeland Security / Constitutional Issues

Civil Liberties: These are fundamental freedoms interpreted by policymakers and courts over the years or assured by the Constitutional Bill of Rights (Pearcy, 2003-2016).

Bill of Rights: This is an official statement of American citizens' fundamental rights, integrated into the U.S. Constitution in the form of ten Amendments, as well as into the constitutions of all states (Bill of rights, n.d.).

Thought Police: This denotes a cluster of individuals holding totalitarian views regarding a particular subject, and who continuously keep an eye on others for noting any deviations from the way of thinking approved (Thought Police, n.d.).

Thought Crime: This refers to a case of controversial or unconventional thinking, which is regarded as socially unacceptable or as a crime (Oxford Dictionaries, 2016).

Big Brother: A 'big brother' is an ever-present, apparently benevolent personage who represents the tyrannical control over the lives of individuals as exerted by a government of an authoritarian nature (Tuna, 2006).

6) DHS: The U.S. homeland security department was a cabinet-level office established in the year 2003 by George Bush's government. One among the costliest and most poorly effected reorganizations in American history, the venture basically wasted several hundred billion dollars of government funds on meaningless, irrelevant government initiatives aimed at rewarding Congressional members who took the President's side (Pares, 2010).

7) Federalist Papers: These were a popular series of a total of 85 essays penned by James Madison, John Jay, and Alexander Hamilton during the latter part of the 1780s, for persuading New York voters to implement the Constitution. These essays are regarded as a timeless defense of America's governance system, in addition to a definitive practical implementation of political doctrines (The Federalist Papers, n.d.).

8) Writ of Habeas Corpus: Literally, the term 'habeas corpus' implies producing the body. Habeas corpus writs represent court orders, to prison wardens (or other authorized individuals) or the prison institutions (or any other agencies) that hold a person in custody, for delivering the incarcerated person to whichever court issues the order. The American (federal) Constitution and a number of state constitutions have provisions for this writ, expressly forbidding governmental authorities against the suspension of writ proceedings, save for in war or other such extraordinary circumstances (Nolo, 2016).

9) The First Red Scare: This represented a time in the early part of last century when the U.S. was plagued by an extensive fear of anarchism and Bolshevism, because of imagined as well as real events. The latter events included the publicly proclaimed objective of a global communist revolution and the 1917-1918 Russian Revolution. At its peak in 1919-20, anxieties regarding the impacts of revolutionary political agitation within U.S. society, together with the alleged growth of anarchism and communism in the U.S. labor movement broadly promoted paranoia in the nation (Wikipedia, 2016).

10) The Smith Act: Earlier termed as the 1940 Alien Registration Act, this federal law enacted in 1940 made advocacy of forceful takeovers of the nation's government or organization or membership in any society or group dedicated to this sort of advocacy of crime (Smith Act, 2015).


1) Why is it correct to say the Bill of Rights was the result of political compromise? Be specific.

The U.S. Bill of Rights has grown into a key component of the nation's values through the years. The compromise which led to its creation has also delineated what American citizens would end up cherishing above nearly everything else. Along with the Constitution and the Declaration of Independence, this Bill of Rights facilitates a description of the U.S. political system as well as the relationship of the government to citizens.

Federalism constitutes a compromise that intends to do away with the disadvantages linked to both systems. Power within federal systems is divided between state and national governments. The U.S. Constitution has assigned some powers as the central (federal) government's domain, while other powers are reserved exclusively for the states.

One ought to mull over the fact that one doesn't require a passport when traveling from state to state, but surely does require a new driving license. Also to be considered are the matters of why all states have a common currency, but different speed limits, and why citizens are required to pay state as well as federal taxes.

The labyrinth of state and national regulations is a result of federalism -- the Founders' decision to divide power between the federal government and the states. As explained by James Madison in the famous "Federalist Papers," the American government can neither be regarded as entirely federal nor entirely national (Ushistory, 2016).

2) In the aftermath of 9/11 has the U.S. Government over reacted in its legislation, law enforcement and military policy as it relates to the issue of


In their immediate aftermath, the Bush government initiated a worldwide war against terrorism, in addition to enacting a succession of executive orders and laws which have impacted the routine lives of American citizens. But in the enforcement of these laws, Bush's as well as Obama's governments have faced criticism for their compromise of due process and civil rights using the excuse of safeguarding national security. The Congress passed its 2001 Patriot Act on October of that year with nearly undisputed bipartisan support -- only one senator voted against it. This measure afforded law enforcement authorities extensive new powers in the area of conducting searches and seizures without warrants, eavesdropping and monitoring financial transactions, as well as covert detention and deportation of people suspected of being involved in terrorist activities.

Ever since its enactment, this law has garnered controversy. Civil libertarians have criticized it using the argument that the law would lead to overzealous utilization of wiretaps/bugs on businesses and people, together with decreased judicial inspection of criminal offenses and unfair migrant detention. Indeed, under this law, roughly 1,200 individuals have suffered detention for several months without having their names released or having access to any lawyer. In August of 2002, an American appellate court ruled such covert detentions as unconstitutional and claimed that the U.S. executive branch endeavors to uproot the lives of innocent people privately, and this is how democracies perish.

An end-2005 New York Times edition disclosed the fact that, in the year 2002, President George Bush had, in secret, authorized the NSA (National Security Agency) to wiretap emails and domestic telephone without the procurement of legally-necessary warrants (Rowen, 2000-2016).

3) The Novel 1984 is often called an example of dystopian literature. Why is 1984 dystopian?

The term 'dystopia' has its roots in Ancient Greek ('dys' (bad) and 'topia' (place)), and hence, we utilize this word to describe a society that is unfavorable to live in. In dystopian tales, society itself typically plays the part of the antagonist, working actively against the needs and wishes of the protagonist.

George Orwell's book 1984 follows the 'dystopian society' concept. Winston Smith - its lead character -- is trapped within a world in which the "party," led by 'Big Brother', always has its eye on him and low-ranking societal members. Big Brother observes Oceania's citizens in London using big tele-screens. His party, which is reminiscent of some modern-day political parties, is in control of everything in the place, including citizens' language, history, and thoughts/minds. Nobody is free or capable of rebelling, even using their minds -- the latter is a criminal offense referred to as "thought crime" - the most unlawful of all revolutionary acts to commit. This word has emerged from the party's newly created language - "Newspeak." "

Winston attempts to revolt against Big Brother's party with its excessively overbearing ways all through the tale. The party becomes aware of Winston's defiance and thought crimes, punishing him using his greatest fears for the wrong-doings he committed. Ultimately, Winston gives in, becoming like everybody else -- a broken spirit who worships Big Brother and his ways.

To me, one among the most central components of utopian societies is freedom of every sort. 1984 adopted a complete opposite approach to this "utopian" concept, by even turning defiant thoughts into crime. Orwell's story is also closely related to a dystopian society's definition as a futuristic view of mankind after an apocalyptic, or other, terrible event. The city or world of Oceania has been created to depict what life can potentially be like. Nobody is free -- all are controlled through a secretive supreme power nobody truly knows about; this is what's scariest about Oceania. Here, one cannot trust anybody, not even oneself as controlling one's thoughts can be so very difficult.

Orwell's novel is highly popular for its successful depiction of the ideal dystopian society. Considered one of the best dystopian stories, this novel's popularity stems from its ability to make readers believe such a thing can really happen. Numerous individuals begin having second thoughts regarding their own countries' governments. Are we trapped in a conspiracy? As some readers may be having such fears…

Sources Used in Documents:


Bill of rights. (n.d.). Dictionary.com Unabridged. Retrieved May 21, 2016 from http://www.dictionary.com/browse/bill-of-rights

IndiaAllouche. (2012). 1984 Dystopian Society. Writing About Literature. Retrieved May 21, 2016 from http://12fwritingaboutliterature.blogspot.in/2012/10/1984-dystopian-society.html

Nolo. (2016). Appeals and the Writ of Habeas Corpus FAQ. Retrieved May 21, 2016 from http://www.nolo.com/legal-encyclopedia/appeals-writ-habeas-corpus-faq-29096-5.html

Oxford Dictionaries. (2016). Thought Crime. Retrieved May 21, 2016 from http://www.oxforddictionaries.com/definition/english/thoughtcrime
Pares, P. I. (2010). DHS. Urban Dictionary.com. Retrieved May 21, 2016 from http://www.urbandictionary.com/define.php?term=DHS
Pearcy, M. (2003-2016). What are Civil Liberties? - Definition, Examples & Cases. Study.com. Retrieved May 21, 2016 from http://study.com/academy/lesson/what-are-civil-liberties-definition-examples-cases.html
Rowen, B. (2000-2016). Post-9/11 Changes by the U.S. Government. Infoplease.com. Retrieved May 21, 2016 from http://www.infoplease.com/us/history/911-anniversary-government-changes.html
Smith Act. (2016). Encyclopedia Britannica. Retrieved May 21, 2016 from http://www.britannica.com/event/Smith-Act
The federalist papers. (n.d.). The American Heritage New Dictionary of Cultural Literacy, Third Edition. Dictionary.com. Retrieved May 21, 2016 from http://www.dictionary.com/browse/the-federalist-papers
Thought Police. (n.d.). Collins English Dictionary -- Complete & Unabridged 10th Edition. Dictionary.com. Retrieved May 21, 2016 from http://www.dictionary.com/browse/thought-police
Tuna, G. (2006). Big Brother. Urban Dictionary.com. Retrieved May 21, 2016 from http://www.urbandictionary.com/define.php?term=big%20brother
Ushistory. (2016). The Bill of Rights. American Government Online Textbook. Retrieved May 21, 2016 from http://www.ushistory.org/gov/2d.asp
Wikipedia. (2016). First Red Scare. Retrieved May 21, 2016 from https://en.wikipedia.org/wiki/First_Red_Scare
Williams, F. J. (2004). Abraham Lincoln and Civil Liberties in Wartime. Heritage. Retrieved May 21, 2016 from http://www.heritage.org/research/lecture/abraham-lincoln-and-civil-liberties-in-wartime
***. (2000-2016). Mobilizing a Nation: America's Entry into World War I. Retrieved May 21, 2016 from http://www.***.com/view.asp?id=36089

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