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BONUS; SEPARATION OF POWERS; Independent Counsel Esatblished

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BONUS; SEPARATION OF POWERS; Independent Counsel Esatblished

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Congress' concern with the use of executive power was also mentioned in a statement following the Watergate scandal. The Office of Independent Counsel was created after the scandal. Their job is to investigate executive actions and report possible impeachable offenses to the Congress. Shortly after this law passed, the law was challenged before the Supreme Court as a violation of separation of powers. The act was upheld by a 7 to 1 vote of the Supreme Court in Morrison v. Olson (1988).

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On April 23, 2010, Arizona Gov. Jan Brewer signed into law Senate Bill 1070 aimed at preventing illegal immigration. This has significantly affected the Arizona/Mexico borderline for many years. The new law entitled, Support Our Law Enforcement and Safe Neighborhoods Act, permitted law enforcement officials to enforce existing federal immigration laws. They would do this by the state checking the immigration status of a person they have "reasonable suspicion" of being in the U.S. illegally.

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A decision by local authorities to deny a church a building permit, was challenged under the Religious Freedom Restoration Act (1993). This Act bans the government from “substantially burdening” a person’s exercise of religion, unless the government can demonstrate that the burden is not of a compelling state or local interest.

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BONUS; CHECKS AND BALANCES; Bowsher v. Synar

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BONUS; CHECKS AND BALANCES; Bowsher v. Synar

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In a case called Bowsher v. Synar (1986), the Court overruled a provision of the Balanced Budget Act. The provision authorized Charles Bowsher, as Comptroller General of the U.S, from ordering the impoundment of funds appropriated for domestic or military use when he determined the federal budget was in a deficit situation. The Court ruled that allowing the exercise of this executive power, would be excessive for only one person. This prevents any one person from making a decision to stop spending money that was allocated to that specific department without congress' approval.

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The Clean Water Act was pocket vetoed by Reagan in 1986. It was vetoed mainly because of costs, according to a memo of disapproval published by the president around that time. The bill would have put aside $20 billion toward clean water treatment, $174 million of that in California over eight years. This illustrates checks and balances because it was a bill proposed, and passed  by congress, and then vetoed by the president.

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CHECKS AND BALANCES; Obama's Executive Orders

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CHECKS AND BALANCES; Obama's Executive Orders

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In recent years President Obama has decided that he can send the U.S. military into combat without Congress' approval. This is known as an executive order. Two years ago, the president took the same approach when he ordered a bombing campaign against Mummar Qaddafi’s squads in Libya. As a presidential candidate in 2007, Obama agreed: “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.” This shows dynamism because the congress is empowered to declare war, but the president has been taking actions on his own through an executive order.

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LIMITED GOVERNMENT; United States v. Alvarez

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LIMITED GOVERNMENT; United States v. Alvarez

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In the case of United States v. Alvarez, the Supreme Court decided in a 6-3 ruling that the government does not have the power to punish people for making untrue claims about military service or honors. It was a huge win for free-speech advocates. According to the court, the First Amendment is broad enough to cover purposeful lies so long as no one is being defrauded and the person that is claiming it is not under oath before a court of law. This case demonstrated limited government because their power was restricted regarding false claims of military service or honors.

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In the case of McCulloch v. Maryland, the Supreme Court ruled that the State of Maryland had no legal right to tax the Second Bank of the U.S. This exhibited how the Supremacy Clause made it so that the State could not legally tax the Federal Government. In 1818 the State of Maryland approved legislation to place taxes on the Second National Bank. This illustrates dynamism because the state of Maryland, decided to tax the Second National bank which was determined not to be legal based on the Supreme Court review and a federal standpoint.

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An example of this would be in the 2000 presidential election between George Bush and Al Gore. Al Gore won the popular vote but still lost the election. This was because Bush had 271 of the 270 electoral votes needed to be president. Al Gore only had 266 electoral votes. This demonstrates stability because our constitution states that the electoral college has the final say on who becomes president.

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This shows how our Constitution has stayed stable.

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This shows how our consitiution has been dynamic.

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The 19th amendment is a very important amendment because it gave women the right to vote in 1920. The 19th ammendment made it illegal for any citizen, regardless of gender or race, to be denied the right to vote. This movement was known as the Women's Suffrage movement.