Bianca Sanchez Mr.Baer P.4 1/10/16 The Articles of Confederation was created in 1777. The document was created by 55 delegates from all thirteen states. The Articles of Confederation loosely unites all the states but contains many flaws. The delegates all agreed on creating one branch of government. The legislative branch also know as Congress, but that did not face the give the government a lot of power. “Congress didn 't have power to create tax, draft troops, stop states from printing their own money, they couldn 't make tariffs, and there was no chief executive” (Enotes Martin Murphey) those were some flaws in the Articles of Confederation, Congress had limited power making the United States weak. For those following reasons the …show more content…
The Supreme Supreme Court is the most powerful court, “ highest judicial court” (History Channel) in the United states. Judicial review is when the supreme court reviews a case. The supreme court is located in Washington Dc and currently has 9 justices. An example of misuse of the first amendment would be “Schenck V. United States (1919) Schenck yelled fire which panicked everyone. The statement was false and the supreme court ruled that it was unconstitutional to cause false danger. The supreme court said “ the convictions of the defendant for conspiring to violate certain federal statutes by attempting to incite subordination in the armed forces.” People now can 't make false accusations that will cause danger, it 's illegal. This man uses the first amendment in a harmful way causing attention to the case. Another case that the supreme court reviewed was “West Virginia State Board of Education V. Barnette” (1943 where in West Virginia the school board requires the students at school to salute the flag. The Barnette children were jehovah witnesses and saluting to the flag went against their religious beliefs. They got expelled for not saluting the flag and the supreme court took the case. The supreme court acknowledged that the
Before the U.S. Constitution there was the Articles of Confederation. The document could declare war, negotiate treaties, and control foreign affairs. It couldn’t enforce laws, tax, and raise its own army. What the Articles Of Confederation lacked was a strong central government. Alexander Hamilton called for a constitutional convention in 1786, and it took place in Philadelphia on May 14, 1787.
Reasoning: (Brennan, J.) The majority of the Court, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. " A law directed at the communicative nature of conduct must, like a law directed at speech itself, be justified by the substantial showing of need that the First Amendment requires." The majority concluded that the Texas law impermissibly discriminated upon viewpoint.
Although nobody was physically harmed, the flag burning offended many witnesses. As a result, “Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a state court of appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these circumstances.” This reflects judicial restraint because the United States v. Eichman Court decision faithfully applied the precedent and honored the prior Court decision from the 1989 Texas v. Johnson case.
The Articles of confederation was ratified during the American Revolution and established a one house body of delegates, with each state having a single vote. It was also the first written Constitution in America and set an example of what not to do in future constitutions. Today, the Articles are commonly thought to have a poor framework and a weak central government. Because of this, there were many controversies that came from it. Many people disagreed with it, but there were also people who strongly agreed with it.
Interestingly, despite the issues of religion surrounding the case, the decision was reached due to a completely different reasoning; that the government cannot force anyone to express orthodox beliefs that are at odds with their conscience and values. According to the justices that ruled in favor of Barnette, the flag salute, in addition to the pledges, is a “form of utterance.” By enforcing a compulsory flag salute, the state board of education was creating a “compulsory unification of opinion,” inconsistent with the values of the First Amendment. The three other justices believed that the rules laid out by the state board of education was completely constitutional. Representing the dissenting judges, Justice Felix Frankfurter said, in essence, that the legislation was within the scope of power of the state because it encourages "good citizenship and national allegiance.
The Articles of Confederation strengths were democratic and state dominated, and its weakness was that the federal government had no power to tax and it couldn’t unify the states constitutionally by laws. The strengths of the Articles are few. The government under the Articles of Confederation successfully waged a war for independence against Britain. Additionally, the Articles also allowed states to dominate their own states, such as taxing, regulating the trade and economy, etc. However, under the Articles of Confederation, there was no chief executive, there was no court system, there was not even a way for the central government to force the states to pay tax.
1) The first problem with the Articles of Confederation was that Congress could not raise taxes and had no money of its own because the States collected taxes and were reluctant to fork over any money to the Congress. Article one section eight of the constitution tells Congress they have the power to collect taxes which fixed the problem of no body giving money to the Congress Article one section eight also solves another one of the main problems of the Articles of Confederation which was that a weak central government had a hard time standing up to foreign enemies. In the same section that solved our problem of money for the central government it also authorized Congress to raise an army. The third problem was the Articles of Confederation
As it applies to the Articles of Confederation there were many weaknesses in the way it went about governing the United States. For one, the loose federation of the states was too weak to act as a foundation to be considered or act as a central government. In addition the state legislatures had too much power and in turn had the ability to influence economic issues of all kinds. This strong legislature is the same one that allowed for mob ruling and actions by debtors. The Articles of confederation were also weak because the required congress to have all 13 colonies in agreement when a new tax was to be passed.
The Untied States put the Articles of Confederation into place on March 1st, 1781, during the Revolutionary War. It was the first form of national government in the U.S. The Articles gave the majority of power to the individual states and limited power to the national government, this power structure was chosen due to the British excessive control on the colonies. Soon it became apparent that the Articles of Confederation was not sufficient means of governing the populace. Therefore in May of 1787, delegates from the thirteen states arrived in Philadelphia to improve the Articles and prevent the country from collapsing.
The Articles of Confederation was first drafted by congress in 1777, at the federal level. There were no executive branches except the states. The states have all the power and right. The strength of article was the legislative body, congress as the highest power in the nation because of the fear of monarchy. The major weakness of the article was the lack of power given to the Continental Congress.
The first story, “Texas v. Johnson Majority Opinion American Flag Stands for Tolerance” by William J. Brennan and Ronald J. Allen, is a court case that started when a protester named Gregory Lee Johnson, set an American flag on fire and believed it was his right to do so. The police intervened and arrested him and he was charged with the desecration of a flag. People were impacted by this. The Texas representative said,”...the burning of an American flag is an act having a high likelihood to cause a breach of peace and its statute's implicit assumption that physical mistreatment of the flag of the flag will lead to serious offense…” William J. Brennan, the judge, believed
In the year 2006, the Stolen Valor Act made it illegal to make medals of Honor. The case brought forth to us describes issues brought about by this act. In United States v. Fields, Abel Fields attended a meeting where he proclaimed that he had military experience, and that he earned a Purple Heart. He had made false statements, and in turn was convicted, and had to pay a $1,000 fine. Fields felt that his First Amendment rights had been violated.
Overview: The Articles of Confederation written by the second continental congress, came in effect on March 1, 1781, was the first constitution of the United States. The articles established a weak central government which led the states having more power and creating conflict. The Articles of Confederation lacked the power of trade and commerce, states had separate currencies, and even different militias. Although the Articles of Confederation were scraped, it became a learning point and the basis of our constitution that has lasted over 200 years and counting.
The Articles of the Confederation was the first government constitution that the United States used, and, although there were strength like the Northwest Ordinance of 1787, there were major weaknesses of the Articles of the Confederation like the following: requiring 9 out of the 13 colonial votes from the representatives from different states to pass a law; having no executive and judicial branch; and the federal government being unable to impose tax revenue onto the states. Such flaws would eventually lead to the Constitution and the repeal of the articles, for the Constitution was a measure to fix the problems of the articles with a stronger government that allowed them to impose taxes and and implement new laws for a more effective government.
The Articles of Confederation was very strong in being able to have efficient relations with other countries. Since the Articles of Confederation were under the Independence War it was successfully allied with France and were on very good terms with them. The Articles of Confederation helped the United States have better relations with countries which was one of the strengths the Articles of Confederation had. It was generally noticed for making compromises, treaties with other countries and generally trading at times. The Articles of Confederation didn't have much power and this is what made it very weak.