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Essay / Research Paper Abstract
This 7 page paper discusses the principle of constitutionalism, the issue of terrorist detainees, and what the interaction is between the two. It argues that the illegal detention of suspected terrorists, often based on nothing more than fear, has weakened the principles of law on which the U.S. rests. Bibliography lists 8 sources.
Page Count:
7 pages (~225 words per page)
File: KV32_HVconter.rtf
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Unformatted sample text from the term paper:
This paper discusses the principle of constitutionalism and the treatment of alleged terrorist, and concludes with an analysis of the way in which the treatment of prisoners impacts Constitutionalism. Discussion
We begin with a definition of Constitutionalism, found in the Stanford University Encyclopedia of Philosophy. It defines Constitutionalism as the idea, "often associated with the political theories of John Locke
and the founders of the American republic, that government can and should be legally limited in its powers, and that its authority depends on its observing these limitations" (Waluchow, 2007).
Waluchow notes that in the broadest sense, a constitution is a set of norms or rules that create, structure and define the limits of governmental power; problems arise because this
is so wide that any state or nation that has a system devised for making laws and governing its citizens could be considered constitutional, even the system run by "Rex,"
an absolute monarch (2007). In Rexs case, the legislative, executive and judicial authorities are combined in one person and whatever he chooses to do is therefore constitutionally valid (Waluchow, 2007).
However, Rex, charming though he may be, is not the model scholars usually mean when they talk about constitutionalism. Instead, they usually mean that "not only ... [are] there are
rules creating legislative, executive and judicial powers, but that these rules impose limits on those powers" (Waluchow, 2007). The limits may be of different types: federal government may have authority
over national defense while states have authority over school systems, for example (Waluchow, 2007). Constitutionalism then implies a limited government whose authority depends on its adhering to those limitations. Lenaerts
agrees, saying that constitutionalism is a system under which powers are divided and operating under the rule of law (1990). In this system, it is the "proper function of the
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