U.S. Constitution - Assignment Example

U.S. Constitution Keywords: Constitution, Power, Illegal Immigration, Discuss how the U.S. Constitution applies under wartime conditions. During wartime situations, it offers both the congress and president special powers meant to uphold the states’ interests besides ensuring safety to its populace (Doug, 2012). Mainly, these two entities bear the mandate of starting and halting the war engine. However, the latter owing to his or her position, may absolutely call for the commencement of the war without consulting the congress (Doug, 2012).

Since, he or she is the commander-in-chief whose decisions and actions are similar to an individual in a battlefield, hence entailing quick response (Doug, 2012). However, one’s actions ought to exhibit humanity coupled with astuteness (Doug, 2012). Conversely, congress appropriates funding that ought not to persist beyond two years after ascertaining action for war is necessary (Doug, 2012). Describe the application of due process to illegal immigration. This process entails holding the culprit in custody where the ICE tables his or her case before the immigration judge who gives the final verdict (Whalen, 2009).

This regards whether an individual will face deportation or excused due to some extenuating circumstances as stated by the law (Whalen, 2009). The immigrant may concede or contest besides having a chance to make an appeal. These extenuating circumstances may comprise; one having young children who may suffer once the parent faces deportation (Whalen, 2009). Therefore, the court excuses the acquitted to apply for a green card, which is also similar to those who may win their cases based on other lawful reasons (Whalen, 2009).

What does the Patriot Act provide? The act avails adequate and comprehensive security measures meant to shun terrorism in U.S (McWhirter, 2006). This is via its diverse organs where some focus on deporting aliens whom the authorities deem they are threat to the natives’ security after meticulous investigation (McWhirter, 2006). What are two major considerations in deciding whether to detain a noncitizen during a noncriminal deportation proceeding? i. If one has done criminal offences like felony, serious wrongdoings punishable by fines and moral turpitude cases (McWhirter, 2006).ii. If one’s own origin state will subject the culprit to torture because of the offences, he or she has committed once deported (McWhirter, 2006).

How are lawful enemy combatants distinguished from unlawful enemy combatants? Lawful enemy combatants are militia groups of any state or party waging hostilities anti the US’ regime (Linnan, 2008). Mostly, this may be due to diversities based on political ideologies or other disagreements that prompt the states under one command engage the US (Linnan, 2008). Conversely, unlawful enemy combatants lack any recognizable command even in their regions, whereby they are out to defend their interests by inflicting suffering and fear to the natives besides the entire world, for illustration, Taliban (Linnan, 2008).

References Doug, L. (2012). Exploring Constitutional Law: War and Treaty Powers. Retrieved 9Th January 2013 from Linnan, D. K. (2008). Enemy combatants, terrorism, and armed conflict law: A guide to the issues. Westport, Conn: Praeger Security International.McWhirter, R. J. (2006). The criminal lawyers guide to immigration law: Questions and answers. Chicago, Ill: Criminal Justice Section, American Bar Association.Whalen, J. (2009). ICE: Illegal immigrants allowed due process. The Standard Speaker.

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