Mark Gibney wrote a review about the book "Strangers to the Constitution: Immigrants, Borders, and Fundamental Law" by Gerald L. Neuman. On his review, Gibney addresses what he has found important and what he believes the author should have written. Gibney begins his review pointing out that immigration is undoubtedly close the supreme law of the land, the United States Constitution. The book brings to light the fact that immigration has been on for a long time. It is to reveal who is given the benefit to have a precious protection under the constitution. Is it only for American citizens that are living in the United States of America? What about the ones beyond the borders, or the ones that hold an illegal status inside of the U.S? The Author brings to light that it is in fact that not only the U.S citizens are protected under the constitution, but everyone else whether resident or even illegal are protected as well. In other words, everyone living in the United States receives the benefit of being protected under the supreme law of the land. The book uses a case study design research. Miller-Keane Encyclopedia defines case study design as, “an investigation strategy involving extensive exploration of a single unit of study, which may be …show more content…
It is increasing because the supreme court has the ability to contemplate and decide which constitutional rights are undoubtedly necessary to be given to those who are outside of the U.S. In other words, the Supreme Court held the power to decide which constitutional rights have to be given under the constitution to those beyond the U.S borders. The author also discusses a different approach, Mutuality of Obligation. The author describes this approach by saying that those who are inside of the United States illegally, but have obeyed the laws in the country, can have the privilege to enjoy a complete protection under the
Richard Posner published a book Not a Suidice pact: The Constitution in a Time of National Emergency in 2006. In this book, he argued that the U.S. government would batter to adjust balance of civil liberties and national security though he knew it is hard. And U.S. government gave weight to national security excessively in my opinion. I think, however, the U.S. government has to protect civil liberties no matter what happen. Since Posner’s book was published approximately nine years ago, he would conclude protection of American civil liberties is more important at this moment.
The article called “Our Imbecilic Constitution” by Sandford Levinson, is an interesting piece that includes the author’s opinions and criticism about the U.S Constitution and why it should be amended to meet the needs of this generation. One of the author's main points focused on the effects of the presumed outdated U.S constitution within our current government. (Explain) Secondly, the author offers a contrast between the U.S. Constitution and the states Constitution. One example from the article includes the state of California. The state of California Constitution was considered dysfunctional and stupid to the U.S Constitution in its unaltered conditions. The author says that even though this so-called strong system of separation of power and “check and balance”
In the “Good Old Days’” book review of American Origional: The Life and Constitution of Supreme Court Justice Antonin Scalia by Joan Biskupic, from The American Spectator, Alfred S. Regnery writes that Republican conservative William Rehnquist has greatly caused the Supreme Court to have a nice Conservative majority. Regnery supports his belief of Rehnquist’s importance by explaining that he “laid the groundwork” for Scalia, and then refers to the books author who “asserts” that Scalia is the Court’s “most influential member,” and that therefore, Rehnquist was needed to make way for Scalia. In addition, Regnery cites specific ways in which Rehnquist has contributed to politics, like how he limited the role of federal courts in citizens lives.
American policy and the organization of the government are all based off the constitution, which is suppose to create a free society, yet does this constitution actually provided equality of representation? In Robert Dahl’s book How Democratic is the American Constitution, he describes how the constitutional system of the US is undemocratic in a variety of ways. He does not blame the undemocratic system on the framers of the constitution rather from the product of comprehending the procedure and operation of the democratic establishment today. The main cause that created the upsurge into the undemocratic system of today – according to Dahl- was the necessity for compromise due to the fact that thirteen colonies with different views had to agree
The U.S. Constitution provides no direction to any branch of government on “immigration,” although it does invest the power of “naturalization” in Congress Historically, the U.S. Supreme Court has taken a hands-off approach when asked to review the political branches’ immigration decisions and policy making. Ever since immigration became an issue of political significance more than 100 years ago, the political branches have been able to exclude and deport aliens or deny certain benefits according to political, social, economic, or other considerations, largely without being second-guessed by the judicial
In the wake of the American Revolution, people were struggling for economic stability and national unity. American instituted the Articles of Confederation, which provided for strong state governments and a weak national government. Under the Articles of Confederations, Americans suffered through poverty, inflation and high unemployment. Americans struggled with issues of taxation and diplomatic relations with foreign governments. The new Constitution should not be ratified because it creates a strong central government that would have a lot of power and affect the rights of citizens.
The Bill of Rights by Carol Berkin offers a concise and carefully thought out explanation of how the famous document of amendments came to exist. In a time when America was vulnerable to its own government and structure due to the recent fight for Independence, the political figures quickly needed to find a solution to the weakness and confusion. James Madison stood out as the most influential statesman during this process. He was a Federalist, meaning that he believed in a national government, whereas the Anti Federalists preferred strong state governments. The Constitutional Convention’s outcome was rapidly met with backlash from a number of politicians. Thus, after long debates and quite a few arguments, a new solution was proposed: a Bill
The Constitution is not only the framework of our government, but a document that shows hard work amongst 55 individuals that tried to create a better society for all people. With their determination they were able to make the most successful democracy in the world. The Constitution established a federalist system to create equal power between the branches and ensure rights for all people that live in it’s borders. It’s legacy has forever changed the fate of other countries. The Constitution made other countries reconsider their constitution and give people more rights. It also has helped people escape hardship and be welcomed into the United States of America. The Constitution are the words we live by and will continue to live by for future
The Declaration of Independence, Constitution and Bill of Rights, collectively known as the Charters of Freedom, have guaranteed the rights and freedoms of Americans for over 200 years. The spectacular new book The Charters of Freedom-"A New World Is At Hand" written by Alice Kamps, Curator at the National Archives, showcases the National Archives' renovated Rotunda, the newly re-encased Charters of Freedom, and the exhibition that flanks their permanent display. The book describes the dramatic events that culminated in these historic documents, the materials and techniques used in their creation and conservation, and their adventures on the road to a permanent safe haven at the National Archives.
In his well-crafted novel, Guarding the Golden Door, Roger Daniels provides an exclusive approach to the reassessment and justification of the American immigration policy and the history of immigrants in different aspects. Since the beginning of 1882, the United States has acknowledged that their immigration goal was to constrain and bring an end to the process of immigration. Many American citizens assumed that immigrant groups were not suitable enough to fit into the American culture due to their ethnic backgrounds. Daniels, who was sensitive to the role of ethnicity and its guidance in shaping the American immigration policy, gave a different perspective to consider. Throughout the novel, he demonstrated how the immigration policy, which was built on unfounded assumptions, had actually produced results that were completely the opposite of those anticipated. For instance, the United States has been altered into a nation full of immigrants to fulfill its goal of extracting natural resources and helping to increase its prosperity through economic development since the 19th century. Thus, immigration played a significant role not only in helping make America’s development possible, but also to shape the nature of the society in political, social, and economic ways. Although different beliefs, opinions, and arguments are taken into perspective in this novel, immigration and its policies each reflected and
The rights of the American citizens are often violated without being noticed, specifically, the rights to the above stated rights. First, the right to life is stated to be an unalienable right in the Declaration of Independence. It is given to all “by their Creator.” The right to life is violated when any
The United States is entirely a creature of the Constitution. Its power and authority have no other source...When the Government reaches out to punish a citizen who is abroad, the shield which the Bill of Rights and other parts of the Constitution provide to protect his life and liberty should not be stripped away just because he happens to be in another land.
A couple hundred years ago, moving from a foreign country, into the United States, was not a task easily accomplished, but it also did not warrant any sort of organized, legal action. Today, the United States Citizenship and Immigration Services, in conjunction with the Department of Homeland Security, have created a complex system for immigrants to gain legal status. Recently, the conversation regarding illegal immigration, the path to citizenship, and management of America’s borders has become a widespread debate. What rights should legal immigrants be granted? Should illegal aliens have rights of their own, or face immediate deportation? Immigration jurisprudence has produced specific language, such as the term ‘alien’, directly affecting the legal and social status of immigrants. Moreover, “analysis of modern Supreme Court opinions presents empirical date on the incidence of alienage terminology in federal court decisions” (Cunningham, 2011, p.1545). This paper will discuss the history of U.S. immigration law, the importance of terminology and American economics, in its relationship to jurisprudence and American immigration, as well as specific policy implications provided by Supreme Court cases.
In this essay written by George F. Will, he highlight the existing rules of American citizenship, stating that US-born children of immigrants should not be eligible for citizenship. He includes both the legal and illegal immigrants. He states that the definition of citizenship itself needs to be rectified, as it gives undue advantage to people who reside in the country and are immigrants. He states that on one hand, the Government invests a lot of time and money in tracking the illegal people and deporting them, and on the other hand, it makes their American born children enjoy all the civic welfare rights. The writer is against this concept. He is anti immigrant in his approach. He feels that the people who come to the country, diplomats or immigrants, should not be granted citizenship. He states that the immigrants in some way or the other are in fact, renouncing his loyalty or commitment towards his country and giving it up, due to the fact that he can get better prospects in the other country.
On September 17, 1787, 39 Anglo-Saxon men 26 to 81 years of age signed the United States Constitution, a secular document created in rebellion to a theocratic English government. Most signers were well-educated and wealthy. Their birthplaces were either in the land that became one out of twelve of the original thirteen colonies (with no representative from Rhode Island) or in areas outside this region that were part of the British Empire, including Ireland, the British West Indies and Great Britain. Estimates claim that up to about half of them were slave owners.