The United States Constitution, Essay Example

The United States Constitution is sometimes slightly vague. This is certainly the case in regard to its provisions regarding law in war time. Indeed, war presents many issues for criminal law. Among these are questions of jurisdiction. Which branch of government is responsible for which actions?

Some believe that laws are silenced during time of war. Others believe that civil liberties are less of a priority than liberty and security. Balancing safety and liberty is, indeed, difficult. The Constitution guarantees those charged with crimes specific rights. Among these are the right to trial by jury, the right to a speedy trial and the presumption of innocence until proven guilty. These have often been set aside during the war time in the name of security. For instance, during World War II, nearly 2,000 Japanese Americans were rounded up in internment camps without so much as a trial. More recently, the United States government rounded up over 1,000 prisoners suspected of aiding or witnessing actions related to the September 11 attacks. Other civil liberties have also been compromised. During the War on Terror, Congress authorized The Patriot Act, which expanded the government’s ability to collect telephonic and online data about its citizens.

War also brings questions of jurisdiction to the forefront of public debate. The Constitution delegates the power to declare war to Congress – yet presidents have authorized military actions through executive orders. Proponents of this idea point out that, while Congress is granted the power to declare war, the president is not forbidden from declaring it. They argue that some powers may overlap. Opponents of this idea believe the president lacks the power to declare war and that it belongs to Congress exclusively. On the other hand, Congress has the potential to become very involved in war time events that many believe should be left to the Commander in Chief. The President is given substantial control over the military after Congress has declared war, but Congress is not forbidden to pass laws regarding the troops.