Effects of the Constitution on Homeland Security Essay Example

Introduction

Homeland security is the national security within a country or states that is responsible for protecting the citizens and their rights within the country and especially within the borders to ensure insecurity matters or issues such as terrorism are well taken care of. In most countries, the department in charge of public security is the ministry of interior or ministry of homes. However, in the United States of America, the body in charge of public safety, border security and cybersecurity is the United States Department of Homeland Security which is a cabinet department of the Federal Government.

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For the United States Department of Homeland Security to execute its duties diligently, the laws regarding its operations are passed by the Congress and signed by the president as clearly outlined in the articles one(i) and two (ii) of the Constitution of the United States of America.

Article One of the Constitution

According to article one (i) section six of the United States of America constitution, all members of the Congress are privileged and shall not be arrested during their attendance at the session in both the chambers except in cases of felony and breach of peace. When peace is breached, matters of insecurity may arise, and therefore the constitution provides for the arrest to any citizen who in their usual state breach peace. In this regards, Homeland Security is mandated to ensure peace is kept by arresting anybody who breaches the peace and hence security to all the citizens. This affects homeland security positively since the arrest of those who breach peace is not limited to anybody and thus matters of security enhanced.

In article one (i) section eight of the USA constitution, the Congress is mandated to define punishments to pirates and those who commit a felony on the seas, by defining such punishments, the department of homeland security ensures the laws are enforced, and therefore the security of the public is guaranteed at the high seas.

The Congress also makes rules on the captures made on land and water which may be a threat to public security. When such rules are made by the Congress and approved by the president as provided for in the constitution, the in charge department ensures the laws are enforced and thus public secured from the captives. According to article one (i) section eight of the constitution, the legislative is mandated "To declare War, grant Letters of Marque and Reprisal" to ensure the public interest is met as far as insecurity matters are concerned. This affects the homeland security positively since when war is declared against terrorist for instance, the citizens are protected from attack and therefore security enhanced.

In section eight of the constitution, the Congress provides for the organization and training of the homeland security departments. The training authority and officers are appointed according to the prescribed discipline by the representatives and senate.

Article Two of the Constitution

In article two of the constitution, the president is the commander in chief of the navy and army of USA and as well commander in chief of other militias in other states. He has the powers to grant reprieves and pardons to offenders or criminals for crimes against the USA. By exercising these powers, the president is capable of pardoning serious offenders, and this might be a threat to public security, and thus Security might be affected. The executive is also obliged with the mandate of signing all the security rules that are made by the Congress to ensure the bill is passed and enacted. The president in his capacity can sign or fail to sign such rules. As a result, this might affect the homeland security positively or negatively.

Conclusion

In summary, the articles one and two of the USA Constitution affect homeland security positively and negatively. The president and the Congress are obliged to ensure that the security rules created with regards to homeland security department to protect the citizens and their rights.