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Separation of Powers: Marbury vs. Madison

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Separation of Powers: Marbury vs. Madison

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In 1803 was the first instance in which a law passed by Congress was declared unconstitutional. The decision greatly expanded the power of the Court by establishing its right to overturn acts of Congress, a power not explicitly granted by the Constitution. Initially the case involved Secretary of State James Madison, who refused to seat four judicial appointees although they had been confirmed by the Senate.

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This case is mainly based around the 14th amendment. A woman named Jane Roe decided to have an abortion but she was not aware that it was illegal. The 14th amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy.

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This side will have examples on how the Constitution stayed stable and prevents changes

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Plaintiff Charles Baker lives in Shelby County, Tennessee. He had served as the mayor of Millington, Tennessee. The Tennessee State Constitution required that legislative districts for the Tennessee General Assembly be redrawn every ten years according to the federal census to provide for districts of substantially equal population (as was to be done for congressional districts). Baker's complaint was that Tennessee had not redistricted since 1901, in response to the 1900 census.

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In 1809, the Legislature of the State of New York gave Robert R. Livingston and Robert Fulton exclusive navigation privileges of all the waters within the jurisdiction of that State, with boats moved by fire or steam, for a term of twenty years. Legal challenges followed, and in response, the monopoly attempted to undercut its rivals by selling them franchises or buying their boats. Former New Jersey Gov. Aaron Ogden had tried to defy the monopoly, but ultimately purchased a license from the Livingston and Fulton assigners in 1815, and entered business with Thomas Gibbons from Georgia.  The partners ended up in the New York Court of Errors, which granted a permanent injunction against Gibbons in 1820.

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Boats and boating--Equipment and supplies

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The 22nd Amendment makes sure that the president is in the office for only two terms in a nutshell. This would keep the Constitution stable because if a president stayed in the office for longer than 2 terms he/she would get too old and it would take too long for another election to go on. Having a president for at the maximum of 2 terms keeps a good cycle going.

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The Walburg vs. Nack court case was when  CCJ joined with the National Federation of Independent Business Legal Center in a case having to do with the separation of powers. The Supreme Court declined review and the case is now closed.

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Limited Government: Shenck vs. United States

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Limited Government: Shenck vs. United States

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Shenck vs. United States is the case in which the U.S. Supreme Court ruled on March 3, 1919. The freedom of speech protection afforded in the U.S. Constitution's First Amendment to be restricted if the words spoken or printed. This made the Constitution dynamic because the first amendment is a big part of this country. Charles Shenck didn't like the war and he sent pamphlets to the soldiers to throw them off.  He was not aware that this was not legal so they went to court on this situation.

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The 17th Amendment was ratified April 9th, 1913. The 17th Amendment is  Article 1, section 3, which senators were elected by state legislators. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held.

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This side will have examples on the change and the movement of the Constitution.