The US intelligence community (IC) is made up of different government agencies which perform different roles to ensure domestic and international security, conduct administrative roles and others. Such agencies include departments within each of the branches in the military, the treasury department, the federal bureau of Investigation (FBI), the national security agency (NSA), and the Central Intelligence Agency (CIA) (Deeks, 2016). Additionally, a community such as the US Intelligence Community may include companies and individuals contracted to gather intelligence for any other entity within the nation. Most of the intelligence obtained may come from publicly available sources of information such as TV and radio broadcasts, magazines, and newspapers (Deeks, 2016). On the other hand, very critical and private information may be obtained through covert electronic surveillance. IC was developed with the aim of engaging different stakeholders by playing an oversight role to make governments and its agencies. Independent bodies like IC, it is possible to put to task various entities within a country to adopt a citizen-focused policing, which is grounded on offering services to protect the nation (Deeks, 2016). To achieve its objectives, the IC has to closely engage with its members and obtain information paramount in formulating reforms that tackle domestically identified challenges.
A constitutional republic is a form of government that adheres to constitutionalism. The various activities of the government are guided by the constitution and the constitution is considered supreme. The United States’ mode of government falls under constitutional republic since the citizens of the country elect a president together with his/her representatives to govern over them in accordance with the nation’s constitution (Legal Dictionary, 2018 a). In particular, the US’ constitution splits the federal (national) government into three branches of power ensuring that no group or individual have too much influence over the other (Legal Dictionary, 2018 a). The branches are the judiciary, the executive and the legislature. The separation of powers ensures there are checks and balances within each branch bounding them not to exceed their mandates (Legal Dictionary, 2018 c; Legal Dictionary, 2018 d). Consequently, the authority to make a decision, or take an action rests with one body while the responsibility to verify and validate the action or decision rests with another.
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As noted earlier constitutional republics like The US’ have separation of powers. The powers are vested in three arms of government comprises of the judiciary, the legislature, and the executive. Each of the body oversees specific roles and responsibilities and may be led by an individual or a body of individuals (USA Government, 2018). The legislative branch comprises of the Congress together with special officers and agencies tasked to support the Congress (Legal Dictionary, 2018 a). The Congress comprises the Senate and the House of Representatives. The former chamber is made up of 100 Senators as there are two elected in each of the 50 states within the US (USA Government, 2018). Even though there is an unlimited number of terms in which a Senator can serve, a Senate can only last for 6 years (Legal Dictionary, 2018 a). On the other hand, the House of Representatives is made up of 435 elected Representatives. The members of this branch are obtained from each of the 50 states by use of a proportion reflecting the total population of the area. Notably, a Representative can only serve a two-year term whereas individual members have no limitations in the number of times they can serve (USA Government, 2018). The Congress can declare war, draft proposed laws, and reject or confirm the presidential nominations for heads of federal agencies, federal judges, and Supreme Court (USA Government, 2018). It is the citizens of the nation that elects the members of the Congress through an election by confidential ballots.
The judicial branch comprises of the Supreme Court and other federal courts within the US. The former entity is the uppermost court in the nation. It is the president who nominates the justices to the Supreme Court but the Senate approves any endorsements made (Legal Dictionary, 2018 a). On the other hand, the Congress has the influence to institute other federal courts mandated to oversee cases involving federal laws. There are 9 members of the Supreme Court comprising of 8 associate Justices and a Chief Justice (USA Government, 2018). Together, the judiciary is mandated with oversight roles of construing the implication of laws, applying them to specific cases, and deciding whether they violate the guidelines set within the Constitution (Legal Dictionary, 2018 a). The supreme justices have no fixed term of service as they have the liberty of serving the nation unless they are impeached for law violation, retire, or they die.
The executive branch comprises of the president, vice president, committees, commissions, boards, independent agencies, executive departments, and the cabinet (Legal Dictionary, 2018 a). It is the American citizens who have the sole power of electing a president together with his/her vice president in a contested election by use of confidential ballots (USA Government, 2018). The president is mandated with leading the nation. Once elected, he becomes the head of states, leader of the federal government, and commander in chief of the armed forces (USA Government, 2018). In accordance with the US’ constitution, presidential terms last for four years and no particular president can be elected for more than two terms (Legal Dictionary, 2018 a). The vice president assists the president to carry out his/her duties. The vice president qualifies to be the president and can step in to assume the roles of the head of state in case he is not in a position to govern (USA Government, 2018). The number of terms of serving for a vice president is unlimited as he qualifies to be elected for a four-year term and be re-elected as many times as possible even with the different head of states (USA Government, 2018). Such members have a significant role in advising the president. Individuals forming the cabinet, except the vice president, assume their role through presidential nominations which must be approved by the Senate.
Most of the services expected from the executive branch are rendered by the committees, commissions, federal agencies among other entities. The executive office of the president is mandated to carry out high priority roles such as dealing with the security, federal budget as well as communicating the message by the president (Legal Dictionary, 2018 a). The main agencies of the national government are made up of executive departments. Leaders of these agencies form also the cabinet of the president (USA Government, 2018). On the other hand, independent agencies are neither part of the executive office of the president nor representatives of the cabinet. They are crucial in carrying out regulatory oversights, dealing with the economy, and enacting operations within the government (USA Government, 2018). The president and the Congress have the power to establish committees, commissions, and boards with the role of managing areas and tasks falling out of parent agencies. Moreover, there are quasi-official agencies who are not officially component of the executive (USA Government, 2018). However, they play a critical role in informing the public about the government’s activities and programs as mandated by the federal statute.
Tyrannical form of government differs from a constitutional republic through the way the leaders treat their constitutions. A tyrannical form of government is that whose country is ruled by a leader who assumes a severe form of governance to mask incompetence leading to oppression and cruelty (Legal Dictionary, 2018 b; Roland, 2000). Such a leader is called a tyrant as he aims to control the citizens by subjecting them to torture and fear. It is common for any leader to inevitably abuse their power and deviate from becoming effective leaders especially if there have so much influence (Legal Dictionary, 2018 b; Roland, 2000). This is often caused by a lack of checks and balances to govern and control each of the governing entity (Legal Dictionary, 2018 c; Legal Dictionary, 2018 d). Whenever an individual or a group of people have excessive power, it becomes easy for them to abuse office at the expense of the citizens. Tyrants are rich and corrupt due to their nature of amassing wealth through illegal means (Legal Dictionary, 2018 b). Those who lack skills may refuse to leave office and become increasingly severe in terms of abuse in order to suppress and control any person who dares to challenge them (Roland, 2000). Adopting a government system with each division or department having an oversight role over the other can help prevent tyranny (Legal Dictionary, 2018 b). Such a system enhances adherence to policies because neither of the entity can have more power than originally intended (Legal Dictionary, 2018 c; Legal Dictionary, 2018 d). Additionally, citizens should be given chances to vote for leaders in a fair competitive opportunity rather than allowing government leaders to nominate or appoint whomever they feel like.
North Korean’s government portrays traits of tyrannical leadership. In 2011, Kim Jong-un succeeded his father’s (Kim Jong-il) leadership to become the North Korean’s supreme leader (Grice, 2017). Even though Kim has implemented some agricultural and economic reforms within his country, he has come under severe criticism following reports of his brutal suppression of the opposition and human rights violation as experienced during his tenure (Roland, 2000). After assuming power, the leader is reported to have engaged in activities aimed to suppress the opposition (Grice, 2017). He reportedly removed and executed most of the senior official left in office by his father. Some of his strong opponents such as his own uncle (Jang) and his half-brother (Kim Jong-nam) were eliminated (Grice, 2017). Jang was reportedly killed in 2013 for the claims that he was a traitor and had been planning to overthrow the government. His family was also executed in the process. On the other hand, even though Kim Jong-nam died under unclear circumstances in 2017, he had been living in exile for many years for fear of his life as he was a strong critic about the leadership of Kim (Grice, 2017; Roland, 2000). Seemingly, the mode of leadership does not allow freedom of expression or tolerate critics as it is seen as a threat. In fact, there are no independent media in North Korea as TVs and radios are either owned or operated by the government (CIA, 2018). Foreign broadcasts are prohibited within the country (CIA, 2018). Such aspects of leadership resonate well with those of a tyrant who uses his massive power to rule people through oppression and fear.
It is during his tenure that the nation has seen an increase in incidences of human rights violations subjected to the North Koreans. The citizens are subjected to sex trafficking and forced labor. They are recruited to work abroad under bilateral contracts made by their government with other foreign governments like China and Russia (CIA, 2018). While working in the foreign countries most North Korea workers do not have the liberty to change jobs and have to deal with forced labor or face punishments by the governments whenever they try to air their grievances to outsiders or escape (CIA, 2018). Back home, the scenario is not different as prisoners, at times children, are also subjected to forced labor such as farming, mining, and logging. Due to desperation and with the aim of escaping the atrocities of oppression, famine, and tough economic times, tens of thousands of North Koreans try to cross to neighboring nations such as China hoping for a better life (CIA, 2018). However, many of the illegal immigrants especially innocent girls and women find themselves in forced marriages, domestic service, or prostitution.
Shockingly, the North Korean government shows little or no effort towards safeguarding the interests of its citizens. In most cases, it is the cause of the sufferings subjected to the people of North Korea. The government continues to participate in human rights violation both domestically through forced labor and by entering into contracts of human trafficking with foreign nations (CIA, 2018). Most leaders and independent units with oversight roles of protecting the rights of the citizens are either too afraid to speak out or satisfied with the situation because there is lack of implemented preventive measures in terms of protection and prosecutions. In fact, law enforcers do not carry out an investigation relating to human trafficking which would otherwise lead to a conviction of the traffickers and officials complicit in related human right violations (CIA, 2018). The government is unconcerned about the situation as it makes no efforts to protect the rights of the victims. With the aim of hiding its inadequacies, the government also prohibits non-governmental organizations from helping out the victims of human trafficking (CIA, 2018). Seemingly, tyrannical mode of a ruling is unmindful to uphold the interests of citizens as they are left to suffer due to excessive oppression.
Moreover, the leader continued with the testing of nuclear weapons and development of missiles technology contrary to international laws and policies. Even though Kim had initially agreed to halt the process of nuclear weapons testing and launch of a long-range missile in February 2012, he reportedly did contrary to the agreement (Fuller & Ferrin, 2018). On the same year, North Korea launched a long-range rocket aimed at putting a satellite in orbit but the U.S government suspected that this activity was to cover up the nation’s ballistic missile technology testing. A series of nuclear testing followed afterward. A third underground nuclear testing was carried out in 2013, the fifth one in 2016, and in 2017 the country launched a long-distance ballistic missile (Fuller & Ferrin, 2018). It is after the blastoff of Hwasong -15 missiles back in November 2018, with capabilities of reaching great distances approximately 2,800 miles above the ground, that Kim finalized his venture on nuclear weapon development (Fuller & Ferrin, 2018). The acts by North Korea brought in friction with the international community (CIA, 2018). Instead of focusing on the agreed denuclearization strategies laid down by the global community, Kim embarked on showcasing and cementing his power as a tyrant. The security implications of nuclear weapons are concerning and the international community retaliated by imposing sanctions with an attempt to subdue the leader into giving up his quests to develop nuclear weapons (Fuller & Ferrin, 2018; CIA, 2018). Even though the leader later agreed to a truce through talks with his perceived international opponents, relational and economic damages weighed heavily on the innocent citizens of North Korea.
The American legal system has always focused on placing importance on matters pertaining to national security. Since the country was founded, its judicial branch has constantly involved the other branches of the government to protect its citizens against security threats (Deeks, 2016). Significantly, after the terrorist attack that took place in September 2001, the judiciary’s role towards averting such crimes has become increasingly crucial. Most of the initiatives developed and implemented by the government after the 9/11 raised critical constitutional questions. Consequently, it has been the mandate of the judicial branch to play an oversight role of making sure that other branches strike a balance between protecting civil liberties and enhancing national security as stipulated within the constitution (Deeks, 2016; Schwinn, 2016). Since the attacks, there have been several instances whereby the courts have had to address constitutional deviations made by the executive and the legislature to adopt a means of increasing national security.
After the 9/11 attacks, three policing areas including detention, treatment, and surveillance of alleged terrorists have undergone numerous reforms. The first two have been reformed based on human rights protection. The judiciary has the mandate to play an oversight role to ensure that the other two branches of a government strike a balance between national security enhancement and protection of human rights as stipulated within the constitution (Schwinn, 2016). The third aspect entailing surveillance of alleged terrorists is distinct in its implementation as a balance between an individual’s rights to privacy and enhancing national security should be observed. Even though such policing show a struggle by separation of powers in an attempt to fight terrorism, they also underscore the importance of check and balances system within a government.
The US’ history formulated and implemented the Foreign Intelligence Surveillance Act (FISA) in 1978 with the intentions of authorizing and regulating some level of communication surveillance by the government to collect foreign intelligence (Schwinn, 2016). Afterward, the Congress came up with the Foreign Intelligence Surveillance Court (FISC). This docket was tasked with approving foreign electronic intelligence gathering as long there was a probable cause to eavesdrop the foreign power (Schwinn, 2016;). Immediately after the terrorist attacks, the then US president Bush tasked the National Security Agency to secretively use the Terrorist Surveillance Program (TSP) (Schwinn, 2016). Such a move would authorize the NSA to tap into emails and telephone communications going in and out of the US. Even though the authorization was intended to enhance national security, it was against the constitution (Schwinn, 2016). The president had given out an order without the knowledge, review, and consent of the judiciary and the legislature.
After a media release about the government’s monitoring without warrants, TSP came under strong scrutiny and was paused in January 2007 (Schwinn, 2016). Meanwhile, it had become difficult for the IC to gather intelligence without the program. Consequently, FISC authorized the government to do monitoring foreign power as long as there was a probable cause of association with terrorism (Schwinn, 2016). FISC also narrowed this influence, which made the president to order the Congress to amend FISA so that the government can have more power in surveillance. The Protect America Act of 2007 was enacted as well as amendment of FISA (Schwinn, 2016). This gave rise to section 702 of the FISA Amendment Act of 2008 that gives NSA permission to do surveillance on foreign power but with the oversight role of FISC to approve certification, “minimization” procedures and targeting procedures (Schwinn, 2016). It is the director of national intelligence and the attorney general who jointly stamps the final approval of surveillance on communities after the endorsement by FISC (Schwinn, 2016). In all the cases, the courts had a tough role of balancing the desire to protect the national security against the concerns that some implementations might interfere with constitutionally protected rights of the US citizens. On the other hand, the judiciary had to decide whether the protection of rights helped prevent terrorism or increased the likelihood of terrorist activities.
Overall, whereas the US uses a constitutional republic form of government, North Korea adopts a tyrannical form of leadership. The former is characterized by a system separation of powers which forms the executive, judiciary and the legislature. Each of the branches plays an oversight role over the other to form a system of checks and balances. Owing to such form of government relevant bodies such as IC are formed with the aim of gather intelligence and information to help the US tackle its security challenges and improve other community-related challenges. On the other hand, a tyrannical form of government is characterized by inadequacies as the leader focuses on oppression and instilling fear with the aim of controlling those who dare defy his/her authority. In a tyrannical leadership, the citizens are left to suffer as they are subjected to economic crises, relational challenges, and violation of their human rights among other difficulties.
Reference
Grice, F. (2017). The Improbability of Popular Rebellion in Kim Jong-un’s North Korea and Policy Alternatives for the USA. Journal of Asian Security and International Affairs, 4 (3), 263-293 https://doi.org/10.1177/2347797017732227
CIA. (2018). Korea, North. CIA World Factbook. Retrieved from https://www.cia.gov/library/publications/the-world-factbook/geos/kn.html
Deeks, A. (2016). Intelligence communities, peer constraints, and the law. Harvard National Security Journal, Vol. 7. Retrieved from: http://harvardnsj.org/wp- content/uploads/2016/02/Deeks-PUBLISH.pdf
Fuller, E., & Ferrin, M. (2018). Goodnight Kim Jong Un . Cork: BookBaby.
Legal Dictionary. (2018 a). Definition of constitutional republic. Retrieved from https://legaldictionary.net/constitutional-republic/
Legal Dictionary. (2018 b). Definition of tyranny . Retrieved from https://legaldictionary.net/tyranny/
Legal Dictionary. (2018 c). Checks and balances . Retrieved from https://legaldictionary.net/checks-and-balances/
Legal Dictionary. (2018 d). Separation of powers . Retrieved from https://legaldictionary.net/separation-of-powers/
Roland, J. (2000). Principles of tyranny. Retrieved from https://www.constitution.org/tyr/prin_tyr.htm
Schwinn, S. D. (2016). The separation of powers and 15 Years of anti-terrorism policies since 9/11. Social Education , 80 (4), 214-219.
USA Government. (2018). Branches of the U.S. government. Retrieved from https://www.usa.gov/branches-of-government
