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In the Cooper vs. Aaron case, Arkansas tried to pass a legislature that undermined the Brown vs. Board of Education case. It would've kept segregation between and in schools. The Supreme Court ruled that Arkansas could not pass that legislature because it would be unconstitutional. This is an example that shows the prevention of change that would've potentially violated our constitution.

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Separation of Powers/Checks & balances: Roe vs. Wade

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Separation of Powers/Checks & balances: Roe vs. Wade

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In the Roe vs. Wade case, Roe was not allowed to have an abortion in her state because it was prohibited. Since her local governments did not support abortion, she brought her case to the Supreme Court. Through judicial review, the Supreme Court ruled in her favor. This shows how our government balances different powers out. When the local government denied her freedom/right to have an abortion, the judicial branch balanced out the power by giving her civil rights back.

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The 14th amendment abolished and prohibited slavery. Before the 14th amendment, the government was full of the Whites and gave colored people little privilege. This gave unfair advantages to the White people, especially in our government. The 14th amendment allowed colored people to have more advantages in this country and it prevented white privilege in our government. This addition to our constitution prevented abuse of power in our government.

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This flag desecration amendment was proposed by part of congress from 1955-2006. If the amendment was proposed by 2/3 congress and ratified, it would've prohibited all flag desecration and defacement. Since popular sovereignty means that the elected representatives are ruled by the people, citizens have a right of showing their elected representatives that they are unhappy with them by protesting. This amendment was not proposed by enough of Congress, and did not reach the ratification process. The failure of this amendment has prevented change and has preserved power for the people.

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This side of the board will show examples in history that prevented change in our constitution to preserve a dynamic government.

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Separation of Powers/Checks & balances: Executive Orders

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Separation of Powers/Checks & balances: Executive Orders

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An Executive order is a decision made by a president that does not require congress' approval. The Executive Branch decides alone without the approval of others. The Emancipation Proclamation was basically an Executive Order issued from Abraham Lincoln to free slaves. President Lincoln did not get the approval of the rest of the branches of government. President John F. Kennedy also signed an Executive order on November 20, 1962, that prohibited racial discrimination in Federal funded housing. An Executive order can give the president a lot of power, but our constitution prevents abuse of power, and prevents change. This conserves our system but also allows change for a more dynamic government. e

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Central and Local governments work together to create a better system. Permissive Federalism is what our country uses today for marijuana regulation. It is when the Federal government has laws and regulations but chooses not to enforce the laws in states that have marijuana legalized. Our country also follows the Second Cole memorandum, which has a list of regulations that states follow. It prevents marijuana distribution to minors, prevents marijuana on Federal property, etc. Local governments have their own regulations as well, but  under the 10th amendment, Federal and central government work together to regulate marijuana. Federalism will still be maintained even as times change and marijuana laws are modified. This creates and preserves a dynamic government.

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The Kansas-Nebraska Act was passed on May 30, 1854. This Act repealed the Missouri Compromise and allowed people in the territories of Kansas and Nebraska to vote on whether they wanted slaves or not. After many arguments upon slavery in that those territories, anti-slavery settlers outnumbered pro-slavery settlers, and Kansas became a slavery free state. Popular sovereignty is expressed in this Act because people were allowed to decide with their own vote whether or not to keep slavery. With such an important matter like slavery, the government gave citizens a chance to decide on something that they felt strongly about. By allowing only that territory to decide on their law, the rest of the country and Congress could not interfere with their decisions.

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The Freedom Act was a law that passed in 2015, which modified the Patriot Act of 2001. The Patriot Act limits the government from violating our 4th amendment right. Since the Patriot Act allowed the government to conduct a bulk search, the Freedom Act prohibits bulk searches and only allows the government to collect multimedia information if it is approved by the judicial branch. This prevents the government from unreasonable search and seizure. It shows that the policies that limit government help modify our Federal system and create a dynamic government.

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This side of the board will show examples in history of how the constitution created a dynamic government and has changed over time.