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The Balance of Power in American Government – Sanctuary Cities v Federal Immigration Laws

The Balance of Power in American Government – Sanctuary Cities v Federal Immigration Laws

Sanctuary cities have created a debate in the United States about their role and relevance in society. Those against the idea of creating sanctuary cities where immigrants can live peacefully argue that they are harbors for fugitives and give people the freedom to break the law. On the other hand, those supporting the cities argue that they are havens for protecting the most marginalized people. The mechanisms designed to balance the power of the government between individuals and institutions do not continue to work because the immigrants have become too powerful because their cooperation with immigration enforcement is limited. For example, in Washington, DC, police officers are prohibited from asking residents in the State about their immigration status. According to Alexander & James (1788), one of the mechanisms used to balance the power of government between individuals and institutions is giving the constitutional means to those administering every department and personal motives to resist the encroachment of others. Madison (1788) also argues that no political truth has more intrinsic value or is imprinted with the authority of various rational liberty supporters than the one that creates a foundation for the objection.

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Federal states across the United States have set different policies to protect immigrants, leading to an imbalance of power between the federal government and institutions monitoring immigrants’ activities, such as the Federal Bureau of Investigation (FBI) and the United States Immigration and Customs Enforcement (ICE). Therefore, individual rights are not protected during these disputes because the FBI and ICE focus on following the right legally acknowledged procedures. For example, when an individual is arrested, the law enforcement officers send the fingerprints to the FBI, and if the person has a pending criminal charge, the FBI forwards their details to the ICE. A detention request is sent pending the individual’s deportation after 78 hours. Section 4 in Article IV of the United States Constitution provides that every State should be protected against invasion and domestic violence (National Archives, 2022). According to Davenport & Lloyd (2017), Americans seem content to let the government continue doing more for them. Therefore, the Federal and State governments are obligated to do what is in the interest of all citizens.

References

Alexander, H., & James, M. (1788). Founders online: The Federalist no. 51, [6 February 1788]. National Archives and Records Administration. Retrieved January 27, 2023, from https://founders.archives.gov/documents/Hamilton/01-04-02-0199

Davenport, D., & Lloyd, G. (2017). Rugged Individualism. Hoover Digest.

Madison, J. (1788). Founders online: The Federalist number 47, [30 January] 1788. National Archives and Records Administration. Retrieved January 27, 2023, from https://founders.archives.gov/documents/Madison/01-10-02-0266

National Archives. (2022). The constitution of the United States: A transcription. National Archives and Records Administration. Retrieved January 27, 2023, from https://www.archives.gov/founding-docs/constitution-transcript

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Question 


Learning Objective: Through intensive critical thinking and analysis of Articles I, I, and III of the U.S. Constitution, students learn how the balance of powers works in a republican government.

The Balance of Power in American Government

The Balance of Power in the American Government

For this assignment, research any one of the topics listed below. Notice the conflicting interests of the parties involved in the issue. Do the mechanisms designed to balance government power between institutions and individuals continue to work? Has one center of power grown too powerful? Are individual rights being protected during these disputes? Include a discussion of the balancing mechanisms found in the U.S. Constitution and discussed in Federalist Papers 10, 47, and 51.

Topics

  • Sanctuary Cities v Federal Immigration Laws