U.S. Constitution: Articles I, II, IV, and the first 10 Amendments

The flurry of homeland security legislation that was enacted after September 11, 2001, has spawned considerable debate concerning the appropriate roles of the federal and state governments in the disciplines of homeland security, emergency management, public health and safety not to mention civil rights and civil liberties.  Unfortunately, many pundits and scholars who participate in this debate make reference to U.S. Constitutional rights without having read or understand the full contents of this amazing and enduring document.  To fully understand this debate the U.S. Constitution is provided as an essential reading of this lesson and to underscore the origin of this controversial and at times acrimonious debate.    

Ellis (2007) states that one of the most important arguments of the founding era of the United States existed between those who desired a wholly sovereign federal government and those who sought the preservation of state sovereignty over all domestic policy.  Fortunately for their posterity, the argument was never really settled because such a definitive solution would have most likely doomed the incipient nation.  Ellis states that by “avoiding that decision and by allowing competing answers to coexist, the purpose of government was subtly transformed from an ultimate arbiter to a framework for ongoing argument (2007, p.243).”  This blurring between federal and state responsibility can be found at the core of a multitude of judicial rulings, Constitutional debate, and opinions, to include the host of homeland security legislation.     

The preamble of the U.S. Constitution provides the fundamental justification for homeland security activities through the guarantee of domestic tranquility and the provision for the common defense of our nation.  Additionally, Article IV, Section 4 of the U.S. Constitution guarantees a republican form of government in every state, the protection from invasion, and on application of the legislature or the executive protection against domestic violence.  To ensure these principles survive, the executive, legislative, and judicial branches of government formulate and review key guidance using a variety of means.  Bullock (2009) states that the “Constitution entrusted the states with responsibility for ensuring public health and safety – hence, responsibility for public risks – and assigned the federal government to a secondary, supportive role.  The federal role was originally conceived such that it intervenes when the state, local, or individual entities are overwhelmed.  This fundamental philosophy continues to guide the government function of emergency management p. 2).”