Constitution & Amendments
Below is the official Constitution of the Department of Homeland Security (DHS), designed to outline its core values, mission statement, principles of operation, and the processes for amending or updating its foundational charter. This Constitution represents the highest guiding document for all divisions, agencies, and personnel within DHS.
Preamble
We, the members of the Department of Homeland Security, in order to form a more secure and protected nation, establish justice, ensure tranquility, provide for the common defense, promote the general welfare, and safeguard the freedoms of our citizens, do ordain and establish this DHS Constitution. Our mission is to uphold the rule of law, protect the nation from evolving threats, and strengthen the bonds of unity and trust among all people we serve.
Article I: Name & Purpose
Section 1.1 – Official Title
1.1.1. The official title of this department shall be the Department of Homeland Security (DHS). 1.1.2. All subsidiary agencies, divisions, and offices operating under this Constitution shall fall under the umbrella of DHS authority.
Section 1.2 – Purpose
1.2.1. The DHS exists to safeguard the homeland from threats both foreign and domestic. 1.2.2. It coordinates security, intelligence, border protection, and counterterrorism efforts across its multiple divisions. 1.2.3. It embodies a commitment to uphold the rights and liberties guaranteed by the Constitution of the United States (and any parallel, roleplay-appropriate legal frameworks).
Article II: Mission Statement & Core Values
Section 2.1 – Mission Statement
2.1.1. Mission Statement: To defend the nation from all threats, protect its citizens, and ensure the continuity of vital infrastructure, while respecting the highest standards of professional conduct and civil liberties.
Section 2.2 – Core Values
2.2.1. Integrity
DHS personnel shall act with honesty, moral uprightness, and transparency at all times. 2.2.2. Service
The DHS shall prioritize service to the public above all else, providing rapid and effective responses to emergencies and threats. 2.2.3. Respect
DHS agents shall treat colleagues, civilians, and suspects with dignity, fostering an environment free of discrimination or harassment. 2.2.4. Accountability
Every member of DHS, regardless of rank, is responsible for their actions. Mistakes must be acknowledged and rectified. 2.2.5. Collaboration
Divisions shall cooperate seamlessly with each other and relevant external agencies to achieve shared security objectives.
Article III: Organizational Framework
Section 3.1 – Central Leadership
3.1.1. The Secretary of Homeland Security holds the highest authority and bears ultimate responsibility for DHS operations and policies. 3.1.2. The Deputy Secretary of Homeland Security assists the Secretary and may assume duties in their absence. 3.1.3. The Undersecretary of Homeland Security oversees multiple agencies and ensures coordination across divisions. 3.1.4. The Chief of Staff and Executive Assistant provide administrative, strategic, and logistical support to top leadership.
Section 3.2 – Divisions & Agencies
3.2.1. Each division—such as ICE, CBP, Secret Service, FPS, OIA, CISA, TRT, OEM, OSO, and CTD—operates under this Constitution and their specific mandates. 3.2.2. Directors or Commanders of each division ensure their units align with DHS policy and national security objectives. 3.2.3. Inter-division cooperation is paramount. All divisions must coordinate when missions overlap or when national security is at stake.
Article IV: Rights & Responsibilities of DHS Personnel
Section 4.1 – Rights of Personnel
4.1.1. Fair Treatment: All DHS employees are entitled to fair treatment, non-discrimination, and safe working conditions. 4.1.2. Due Process: Accusations of misconduct or infractions must be investigated in accordance with the Rules & Regulations. 4.1.3. Freedom of Expression (Within Operational Limits): Personnel may express concerns or suggestions through the proper chain of command without fear of retaliation.
Section 4.2 – Responsibilities of Personnel
4.2.1. Oath of Office: Each member shall swear to uphold the Constitution and serve the public interest without prejudice. 4.2.2. Confidentiality: Sensitive or classified information must be handled according to DHS confidentiality protocols. 4.2.3. Adherence to Code of Conduct: Personnel must comply with the DHS Rules & Regulations, including guidelines on use of force, professionalism, and chain of command. 4.2.4. Readiness: Agents shall remain prepared, through continual training and mental alertness, to respond effectively to threats or emergencies.
Article V: Miranda Law & Rights of Detainees
Section 5.1 – Miranda Warning Overview
5.1.1. Definition: The Miranda Law (commonly referred to as Miranda Rights) requires that any individual taken into custody or formally detained be informed of their legal rights before questioning. 5.1.2. Applicability: DHS personnel must deliver a Miranda Warning whenever a suspect is under arrest or not free to leave, and investigative questioning is to commence.
Section 5.2 – Standard Miranda Warning Text
5.2.1. The following statement (or an equivalent, consistent with roleplay and real-world legal frameworks) shall be read to the suspect:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you, if available. Do you understand these rights?”
5.2.2. Confirmation: After reading the Miranda Warning, DHS personnel must ask the suspect if they understand their rights. The suspect’s response shall be noted in official reports.
Section 5.3 – Exceptions & Special Situations
5.3.1. Public Safety Exception: In cases of imminent threat where public safety is at risk (e.g., immediate danger of a bomb or active shooter), limited questioning may occur before reading Miranda if it is necessary to prevent serious harm. 5.3.2. Delayed Miranda: Under extraordinary circumstances (e.g., medical emergencies), reading Miranda may be delayed. However, statements made by the suspect prior to being informed of their rights could be deemed inadmissible.
Section 5.4 – Violations & Consequences
5.4.1. Evidence Inadmissibility: Failure to properly administer Miranda Rights can result in the suppression of statements or evidence. 5.4.2. Internal Review: DHS personnel found repeatedly ignoring Miranda protocols shall face disciplinary actions per the Rules & Regulations. 5.4.3. Legal Ramifications: Severe breaches may invite judicial review, overturning convictions or resulting in lawsuits against DHS.
Article VI: Amendment & Revision Process
Section 6.1 – Proposal of Amendments
6.1.1. Eligibility to Propose: The Secretary of Homeland Security, the Deputy Secretary, Undersecretary, or any Division Director may propose amendments to this Constitution. 6.1.2. Proposal Format: Amendments must be drafted in writing, specifying the Article(s) or Section(s) they seek to alter, add, or repeal.
Section 6.2 – Review & Debate
6.2.1. Constitutional Committee: A temporary committee—comprising representatives from each major division—shall convene to review proposed amendments. 6.2.2. Public Notice (RP Context): If the roleplay environment allows, a public notice may be posted to invite feedback from stakeholders or community members. 6.2.3. Debate & Revisions: The committee shall discuss the merits, potential impacts, and wording of the proposal. Amendments may be revised before moving to a formal vote.
Section 6.3 – Ratification
6.3.1. Voting Threshold: To ensure widespread support, at least two-thirds (2/3) of all voting members within the DHS Leadership Council must approve the amendment. 6.3.2. Executive Approval: Once approved by the Council, the amendment must be signed by the Secretary of Homeland Security or, in their absence, the Deputy Secretary. 6.3.3. Enforcement Date: Ratified amendments take effect immediately unless a specific implementation date is outlined in the amendment text.
Section 6.4 – Publication & Record Keeping
6.4.1. Archival: All ratified amendments shall be added to the official DHS Constitution record and archived digitally for reference. 6.4.2. Notification: Every division shall be formally notified of any constitutional changes, ensuring that all personnel receive updated copies or bulletins.
Article VII: Ratification & Enforcement
Section 7.1 – Ratification
7.1.1. This Constitution shall take effect upon endorsement by the Secretary of Homeland Security and a majority vote of the DHS Leadership Council.
Section 7.2 – Authority of the Constitution
7.2.1. No internal policy, directive, or regulation may conflict with the provisions of this Constitution. Should a contradiction arise, the Constitution’s guidelines take precedence.
Section 7.3 – Enforcement Mechanisms
7.3.1. Oversight & Compliance: A specialized committee or division (e.g., Internal Affairs) shall monitor adherence to the Constitution. 7.3.2. Accountability: Any personnel, regardless of rank, may be investigated for actions deemed unconstitutional or contrary to DHS policy.
Section 7.4 – Final Provisions
7.4.1. Continuity: The DHS Constitution remains in force indefinitely or until formally dissolved by a duly ratified amendment. 7.4.2. Severability: If any provision of this Constitution is found to be unenforceable or invalid, the remainder shall still be enforced to the fullest extent possible.
Concluding Declaration
By the authority vested in the Secretary of Homeland Security and the collective mandate of its divisions, this DHS Constitution stands as the supreme guiding document. It embodies our commitment to integrity, service, collaboration, and the rule of law. Through unity, vigilance, and respect for civil liberties, we stand prepared to face any challenge in defense of our homeland.
Signed and Ratified:
Secretary of Homeland Security
Deputy Secretary of Homeland Security
Undersecretary of Homeland Security
Leadership Council Representatives
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