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Limited Government: United States vs. Alvarez

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Limited Government: United States vs. Alvarez

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The [Supreme] Court has recognized that some statements that, literally read, are technically “knowingly false” may be “no more than rhetorical hyperbole” . . . such as satire or fiction.

In 2007, Xavier Alvarez claimed to be a retired U.S Marine who was wounded in combat multiple times and had been rewarded the Congressional Medal of Honor. All of these claims were made at a public meeting of the board. Notably, every single one of his claims were false. He'd previously stated that he married a star from Mexico and played hockey for the Detroit Red Wings, which were also fake claims. Alvarez was charged with two counts of violating the Stolen Valor Act. His lawyer argued that this was unconstitutional under the First Amendment, but the court convicted Alvarez and sentenced him to probation for three years and a $5,000 fine. Eventually, Alvarez appealed the issue and argued that his conviction was unlawful. A three-judge panel overturned his conviction, and the case went to the Supreme Court. In a 6-3 ruling, it was decided that the law was unconstitutional and the government cannot punish people for making false claims about the military service. This exemplifies dynamic limited government because the final ruling adapted to the current times and prohibited government from convicting anyone who's made false claims.

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Separation of Powers and Checks and Balances: Nixon vs. United States

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Separation of Powers and Checks and Balances: Nixon vs. United States

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When the President does it, that means that it is not illegal.

The infamous case of Nixon vs. United States all began with a robbery in the Watergate complex in Washington, D.C. After investigating, police discovered that the five men were linked to the Committee to Re-Elect the President. The president at that time, Nixon, denied any relation to the incident. The men who convicted of burglary along with Howard Hunt and Gordon Liddy. The investigation began in 19713, and with the evidence it became apparent that Nixon was, in fact, involved in a cover up of the break-in. It was also revealed that The President had an automatic recording taping system. In denial, Nixon refused to release the tapes and claimed they were under “executive privilege.” But, we all know what was once in the dark will come to light. President Nixon eventually released the tapes, but will parts erased. Finally, The Court demanded all of the tapes to be released. In 1974, Nixon resigned in order to avoid the process of impeachment. This represents a dynamic government through Checks and Balances/Separation of Powers because the Judicial branch restricted the Executive branch from an overabundance of power or “privilege.” To add, it adapted to a better function of government, with more security focused on President.

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Popular Sovereignty: The Ludlow Amendment

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Popular Sovereignty: The Ludlow Amendment

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If the United States had such an anti-war provision in its Constitution, other countries would follow our example, and I believe wars would be brought to an end.
The Ludlow Amendment was a failed amendment that called for a national referendum on any declaration of war by Congress. But, the case is different when the United States had been attacked first. Louis Ludlow, who was a Democratic congressman from Indiana, proposed this idea many times throughout 1935-1940, but the idea was first suggested in 1914. His concept of the amendment was to reduce America’s potential of starting a war with another country. The people had the power of voting yes or no to waging war. Despite the public support, the President made the final decision of refusing to approve the Ludlow amendment. He feared it would encourage foreign countries to violate American rights. This event promotes stable popular sovereignty because it kept the future of our nation secure and gave people an appropriate amount of power.

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Separation of Powers and Checks and Balances: Youngstown Sheet and Tube Co. v Sawyer (1952)

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Separation of Powers and Checks and Balances: Youngstown Sheet and Tube Co. v Sawyer (1952)

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Did President Truman have the authority to order the seizure of the steel mills?

In April of 1952, President Truman issued an Executive order to seize and operate majority of the steel mills. Subsequently, The Secretary (Sawyer) issued the order seizing the steel mills. Although the President reported to Congress, they took no action. In response, the steel companies sued Sawyer in federal court. They argued that Truman’s order was unconstitutional, because legislation was congress’ role. On the other side, they argued that his order was constitutional because it was authorized under his Constitutional powers. After a series of debates, the Court concluded that the President didn’t have the authority to issue an order, in a 6-3 decision. This case promotes a stable government through Separation of Powers and Checks and Balances because the Legislative (and Judicial) branch reminded the Executive branch of their assigned power and how they can use it. It keeps our government stable because if the Court decided the President did have the authority, in future years the Executive Branch could attempt to pass a similar order.

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"It (Roe v. Wade) has fundamentally altered the legal, medical and political landscape of this country."
-- Gloria Feldt, president of Planned Parenthood Federation of America

This case began in 1969 when Norma McCorvey became pregnant. She traveled to Dallas Texas in attempt to obtain an abortion. Under the state’s law, abortions were only legal as long as the child was conceived through incest or rape, or the mother’s health was in danger. Her case was heard by Texas Courts and she was identified under the name of Jane Roe. The case would eventually rule in favor of Roe, granting her the right of privacy under the Ninth Amendment. Liberals were pleased with the results but opposition soon followed. Since this case the battle between Pro Life and Pro Choice has been flooded with controversy but it’s impact has remained. Roe vs. Wade has exemplified a dynamic government through Federalism because the national government and state government altered the distribution of power and changed the times.

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"No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once."
The 22nd Amendment limits the President of the United states to only two 4 year terms. This was passed by Congress on March 21st, 1947 and was later ratified February 27th, 1951. The moment they are inaugurated the President must serve 4 years in office, unless they are impeached or voluntarily resign. The cause of this amendment dates back to George Washington and Thomas Jefferson, who both limited their run to only two terms despite an absence of an official legislation. The time restraint of two terms became a political norm until Franklin D. Roosevelt stepped into the White House. He chose to run for a third term in 1940, won, and continued to serve for a fourth term until his untimely death. Therefore, the 22nd Amendment promotes a stable limited government because with this limitation the government has reduced power and cannot abuse their authority. It has kept our society stable because since the ratification of this amendment power has been equally distributed.

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                           Constitutional Stability

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                           Constitutional Stability

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The arrangement in which the laws are made so that they promote a stable government while prohibiting changes from happening too quickly.

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“The power to tax involves the power to destroy."
In 1816, Congress chartered the Second National Bank. The states weren’t happy about this situation and frequently questioned its constitutionality. In result of their skepticism, the states impose taxes on all banks that weren’t established by the state, which was approved in 1818. James W. McCulloch (who was a Federal cashier) refused to pay the taxes. This denial caused the problem to escalate in court. Maryland filed a suit against McCulloch in efforts of forcing him to pay the tax. The Supreme Court decided that under the Constitution, Congress was granted the power of chartering banks without being taxed. This case promotes constitutional stability through Federalism because the court was able to prevent an imbalance of power between the state and federal government.

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"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

The 15th Amendment provided free slaves with the right to vote. This was adopted into the Constitution on March 30th, 1870 but didn’t secure exactly the official rights for African Americans. After the Civil War, the era of reconstruction began. The status of 4 million enslaved people significantly changed throughout the years. The passing of this amendment served as a foundation for later laws to be ratified. Without the 15th amendment, there would be no 24th or 19th amendment. Therefore, the 15th amendment promoted dynamic popular sovereignty due to the fact that it provided a wide majority of the South the right to vote. Although, it didn’t protect the promised safety and security for freed slaves.

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                           Constitutional Dynamism

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                           Constitutional Dynamism

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The arrangement in which the laws are made so that they are capable of adapting to the country's needs.