Shannon Cabrey, A2 (Terms #21-25)
Definition: A system of distribution of power among the executive,
legislative, and judicial branches of government, in relatively equal
proportions, such that each branch has the ability to counter the actions of
the other two and thus prevent the entire government from being
controlled by any single branch.
 Application/Example: First, the legislative branch can pass a law. The
way the executive branch checks that is by either agreeing with it or
vetoing it. Second, the judicial branch apprehends the laws. The executive
branch checks that by choosing all the justices in the court. Third, the
executive branch can veto a bill. The legislative branch checks that by
looking at it again and possibly cancelling the veto. A recent example
involves Barack Obama's administration breaking new ground in its
construction of an imperial presidency -- an executive who increasingly
acts independently of Congress at home and abroad. Obtaining a U.N.
Security Council resolution has legitimated U.S. bombing raids under
international law in taking the country into a war with Libya. But the U.N.
Charter is not a substitute for the U.S. Constitution, which gives Congress,
not the president, the power "to declare war."
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Definition: This historic court case established the concept of Judicial Review or
the ability of the Judiciary Branch to declare a law unconstitutional. This case
brought the Judicial Branch of the government on a more even power basis with
the Legislative and Executive Branches, and thereby set the precedent for
numerous historic decisions in the future.
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Application/Example: The purpose of judicial review is to ensure that public
authorities don't go beyond the powers given to them by parliament and that
they don't abuse those powers. A recent example involves a landmark High Court
ruling involving a Christian foster couple unwilling to compromise their views on
homosexuality. A judicial review took place after Eunice and Owen Johns - who
had applied to re-register as foster parents said to social workers they could not
tell a child a "homosexual lifestyle" was acceptable. The Oakwood couple sought
clarification of the law because the Johns' views meant they could not meet the
minimum requirements of equality and diversity for foster caregivers. High Court
judges ruled that laws protecting people from discrimination because of their
sexual orientation "should take precedence" over the right not to be discriminated
against on religious grounds.
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Definition: Freedom of religion, speech, press, and assembly; the
right to petition the government.
Application/Example: Congress shall make no law respecting an
establishment of religion, or prohibiting the freedom of exercise
thereof; or abridging the freedom of speech, or of the press; or of
the right of the people to peaceably assemble, and to petition the
Government for a redress of grievances. A recent example of an
application of the 1st Amendment has to do with the internet.
Institutions that are required to uphold First Amendment freespeech rights generally must uphold these rights in cyberspace as
well. For higher education, this means, for example, that public
colleges and universities have limited ability to filter incoming or
outgoing Web pages or Usenet newsgroups based on content.
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Definition: The right to bear arms.
Application/Example: The meaning of the Second Amendment
depends upon who you talk to. The National Rifle Association,
which has the Second Amendment (minus the militia clause)
engraved on its headquarters building in Washington, insists that
the Amendment guarantees the right of individuals to possess and
carry a wide variety of firearms. Advocates of gun control contend
that the Amendment was only meant to guarantee to States the
right to operate militias. An example of this application would be
that in 2008, the U. S. Supreme Court, in District of Columbia vs.
Heller, struck down a Washington, D.C. ban on individuals having
handguns in their homes. Writing for a 5 to 4 majority, Justice Scalia
found the right to bear arms to be an individual right consistent with
the overriding purpose of the 2nd Amendment, to maintain strong
state militias.
Definition: Troops may not be quartered in homes during
peacetime.
 Application/Example: "No Soldier shall, in time of peace
be quartered in any house, without the consent of the
Owner, nor in time of war, but in a manner to be
prescribed by law.” This law was extremely important to
our Founding Fathers, but it is not so well known to
modern Americans. America's Founders had just
experienced the quartering of troops on their private
property by the British government during the
Revolutionary War and before. Today most of our troops
are quartered in military bases here in the United States in
order to avoid such a conflict.
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http://law.yourdictionary.com/checks-and-balances
http://valocalgovernment.tripod.com/id34.html
http://www.foreignpolicy.com/articles/2011/03/24/obama_s_unconstitutional_war
http://www.judicialreview.info/Judicial_Review_Examples.HTML
http://www.firstamendmentcenter.org/#tab-section
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/beararms.htm
http://www.revolutionary-war-and-beyond.com/third-amendment.html