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Limited Government stability- 1994

A recent accusation of rape was brought to the court's attention regarding Virginia Tech University. Christy Brzonkala confirmed that Antonio Morrison and James Crawford raped her at Virginia Tech. After a hearing, Morrison was found guilty of sexual assault and was suspended immediately. James Crawford was not punished but after a second hearing, Morrison was found guilty again. An administrative system appeal, Morrison’s punishment was excused because it was found to be extravagant. Then, Brzonkala sued the two students and Virginia Tech in Federal Court arguing that the attack violated the Violence Against Women Act (VAWA). The District Court found that Congress had no authority to enact the 13981’s civil remedy concerning the VAWA on the grounds of the Fourteenth Amendment or the Commerce Clause which is what Congress claimed was the source of their power and decision. This case put a limit on Congress’s power on the grounds of the Violence Against Women Act.

https://www.oyez.org/cases/1999/99-5

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Federalism stability- 1854

Abolitionist, Sherman Booth, was arrested for attempting to rescue a slave from the custody of a U.S Marshal in Wisconsin resulting in a violation in the Fugitive Slave Act. The arrest was made according to federal law so the U.S Marshal appealed the court’s decision. The state Supreme Court ruled that the Fugitive Slave Act was unconstitutional and that Booth’s release was justified which attempted to overrule federal law. When the matter came to the U.S Supreme Court, the decision was made that the Wisconsin court didn’t have the authority to overturn a federal decision. The federal government blocked a decision made by the state of Wisconsin which makes our principle of federalism remain stable.

http://legaldictionary.net/supremacy-clause/

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Separation of Powers- 1819

The McCulloch v. Maryland case involved Congress establishing the Second National Bank to control the amount of unregulated currency issued by state banks. The Federal power expanded because of this and there were many debates that were summoned about division of powers between the states and the branches. Questions arose about the constitutionality but Maryland approved the legislation to impose a tax on the Second National Bank. The power of imposing a tax was given to Congress in this certain situation which displays how our Constitution can be amended.

http://lawguides.scu.edu/c.php?g=5677&p=24910

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Checks and Balances stability- 1971

Congress proposed the Comprehensive Child Care Act which Richard Nixon vetoed. The bill would have put millions toward a national day care system which would have benefited parents (especially single ones) Struggling American families would have been helped and current issues would have been altered. Nixon vetoed the bill saying that it was a conflicting approach to child rearing. The fact that the executive branch could stop Congress from passing the bill is why checks and balances remained stable.

http://www.cheatsheet.com/politics/10-presidential-vetoes-that-shaped-recent-american-history.html/?a=viewall

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Popular Sovereignty stability- 2013

The Shelby County v. Holder case was a case held because Shelby County, Alabama filed a suit claiming that section 5 and section 4(b) were unconstitutional and they were looking to cease its existence in the Constitution. Section 5 prohibits eligible districts from enforcing changes to their election laws without gaining official authorization. Section 4(b) defines the districts as one that had a voting test in November which didn’t negatively affect individual's’ right to vote based on race. The case to terminate them both was overruled and both sections were upheld which kept popular sovereignty at its original level.

https://www.oyez.org/cases/2012/12-96

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Federalism- 1816

The court case of Martin v. Hunter’s Lessee is a prime example of how federalism really works in our country. Loyalist Lord Fairfax possessed land in Virginia and gave it to his nephew after he passed away. Virginia gave a portion of it to David Hunter but the Supreme Court ruled that the land did belong to Lord Fairfax, however Virginia refused to oblige to their decision. Out of Virginia’s neglect, the Supreme Court got rid of the claim that the federal and Virginia courts were equal. Reasoning of the Constitution confirmed that the Court’s power is superior. This case shows that our Constitution can be amended based on certain situations concerning the government.

http://lawguides.scu.edu/c.php?g=5677&p=24910