Literature on Democratic Governance

America gained its independence on July 4, 1776 and was no longer monarch to Britain rule. Freedom is the rights of every human no matter race, religion, or sex ("National Archives," 2019). Today, America is one of the strongest and powerful country and it attracts many to come. No matter your background, a migrant can come to the United States and become a citizen or so we thought. The formulation of the federalist essays was to ratify the constitution. 85 articles were written and became to precursor of the Bill of rights ("Congress Resource," 2019). Essays #10, 51 and 78 are most important in today’s democracy especially when immigration laws are being violated.

Zero-Tolerance Policy

After Attorney General Jeff Sessions announced the zero-tolerance policy on May 7, 2018, migrants crossing the southern border illegally would be prosecuted ("Congressional Research Service," 2019). This led to migrant families being separated from their children and cannot seek asylum. Today, these families are being detained in detention centers under inhumane conditions. According to the Department of Homeland Security, migrants’ adults and child were being held in appalling living conditions (Rose, 2019). According to some of the detainees they were forced to sleep on concrete floors, denied proper food, soap, toothbrushes, and was instructed to drink out the toilets (Rose, 2019). Many of these facilities did not adequate water supply and was not seeing doctors on regular. This is an issue that violates American values completely, but the Trump administration does not want to be held accountable. Using federalist essays, I will explain how these play a vital role in our democracy.

Federalist # 10

The Union as a Safeguard Against Domestic Faction and Insurrection

James Madison published this essay in order to validate a representative republic system will prevent groups (factions) from having too much power ("Congress Resource," 2019). He makes a great point about a system that can prevent corruption, but what if it’s the republic that is faction? Using the zero-tolerance policy, under the Trump administration people coming into America seeking asylum are being punished and treated inhumane in facilities meant for short stays only (Rose, 2019). We are now faced with a humanitarian crisis and taxpayers will have to fit this bill that could have been prevented. We are in an era of the actual union being the faction and the citizens have started in the controlling of this matter. The zero-tolerance policy was passed under a republican rule government, but after November 2018, the democrats regain control of the House of Representatives. The House is now working very hard to gain control over the damage caused by this policy in order to safeguard human rights.

Federalist # 51

The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments

Both Hamilton and Madison created this essay to inform the public the importance of liberty and how to maintain it ("Congress Resource," 2019). According to Madison, each branch of government should hold some power but not all power ("Congress Resource," 2019). I agree having the responsibilities divided in order to prevent problems to the people. This was proven when the democratic party regain control of the house by the people. When the separation of families started, the people were outrage and could not handle the inhumane treatment of children. When it came time for congress election, the citizens participated and changed the structure in our democracy. As I mentioned before on the conditions of the facility’s migrants were living in, the judicial branch is now involved. The federal courts could not believe how the people in these centers were being treated, this led to the passing of funding to immediately fix the issues at the border (Rose, 2019). I do wonder if the funds will be used properly and will there be repercussion for this violation?

Federalist # 78

The Judiciary Department

Our democracy is one that is for the people by the people accept when it comes to the judicial branch. Alexander Hamilton wrote this essay to provide how this branch should operate ("Congress Resource," 2019). Hamilton felt citizens were not able to elect a judge because they do not carry out actions only judge. Being the underdog of our democracy, these officials hold their seats for life. Assuming federal judges cannot be politically pressure, Hamilton did not think we would have a president Trump in office. This essay explains a lot, but it can also be confusing therefore I am going to apply this to the zero-tolerance battle. The American Civil Liberties Union (ACLU) non-profit organization the defends the human rights for all ("Congressional Research Service," 2019). When the zero-tolerance policy was passed and families were separated, the ACLU sued the Trump administration to overturn this act being done at the border. In the supreme court, the ruling was for separation to be stop immediately because it violated the Constitution ("Congressional Research Service," 2019). The Trump administration claims they have stopped the separation of families, but this seems very unlikely. Now more cases are being brought to the supreme court in hopes to release these families seeking asylum and all them to appear in court. What we are witnessing in this administration is the executive branch not carrying out judgements from the courts. This proves how weak the judicial system is, and it is being suggested that they become an independent branch especially when dealing with immigration. Because the president not legally bound to carry out decisions from the courts, prevented many families from being reunited and prevented due process that is in the constitution ("Congress Resource," 2019).

Immigration Laws Impact

The impact of separating families and forcing people to live in appalling condition had a major impact on our democracy (Rose, 2019). Our democracy was built on liberty and human rights for all people no matter your background. The Trump administration has shown the public how one can abuse power given as a privilege for personal gain. America is not a place to be feared, yet today I am in fear for the children suffering and even myself being a minority. These essays to provide the rules for our democracy in order to function fairly. I hope we can come back from the tyranny this administration shown.

References

About the Federalist Papers. (2019). Retrieved from https://www.congress.gov/resources/display/content/About+the+Federalist+Papers

Declaration of Independence. (2019). Retrieved from https://www.archives.gov/founding-docs/declaration-transcript

Ramos, F. (2018). Neglect and Abuse of Unaccompanied Immigrant Children by U S Customs and Border Protection. CBP Report ACLU. Retrieved from https://www.dropbox.com/s/lplnnufjbwci0xn/CBP%20Report%20ACLU_IHRC%205.23%20FINAL.pdf?dl=0

Rose, J. (2019). DHS Inspector General Finds Dangerous Overcrowding In Border Patrol Facilities. Retrieved from https://www.npr.org/2019/07/02/738179391/dhs-inspector-general-finds-dangerous-overcrowding-in-border-patrol-facilities

The Federalist Papers. (2019). Retrieved from https://www.congress.gov/resources/display/content/The+Federalist+Papers

The Trump Administrations Zero Tolerance Immigration Enforcement Policy. (2019). Retrieved from https://crsreports.congress.gov