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Weaknesses in the articles of confederation
Weaknesses in the articles of confederation
Articles of confederation shortcomings
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Shaping The Courts of America: The Judiciary Act of 1789 On the 17th of September in 1787, the delegates of the thirteen American colonies gathered at the Constitutional Convention in Philadelphia and signed the document that is known as the Constitution of the United States of America. On the 21st of June in 1788, the Constitution had been ratified by eleven of the thirteen colonies, and other laws and acts were being discussed as well by the representatives. While the Constitution had done a phenomenal job at creating and outlining the legislative system in Article 1 and the executive system in Article 2, it was very vague when describing the judiciary system and its powers in Article 3. As a result, the Senate deemed it necessary to appoint a committee responsible for making judicial outline.
“The different governments will each control each other at the same time that each will be controlled by itself.” (Doc A, Madison,James, Federalist Paper 51, 1788). Each part of the government had there own jobs to do, for example the central government has the power to regulate trade, conduct foreign relations, provide an army and navy, while the state government set up local governments, holds elections,
These authorities that the national government should have, were all up to the states to decide under the Articles. With the taking away some of the states rights in the Constitution, Anti-federalists feared that this would leave the states too weak, resulting in more problems. Under the new Constitution, many powers that were now in the government 's hands are: the power to levy and collect taxes, the power to regulate interstate commerce, the government set up a national court system consisting of district, circuit, and a supreme court, the government could enforce laws, there was now a house based on population, and a senate based on equal representation (two votes per state), to amend the Constitution, a ⅔ vote of Congress was needed, and a ¾ vote of the states were needed, and a majority rule was needed to pass bills. These new powers and abilities of the national government helped to create a strong, new
After the American Revolution, the colonies needed to reconstruct a new, fresh government. America, however, was extremely restrictive with giving the central government any forms of power after the hardships the colonies faced being under the British government and Parliament. The colonies did not want to undergo another period of unfair taxation and regulated systems. Thus, America’s first government, The Articles of Confederation, gave the central government immensely few granted powers. After an eight year period, the majority of America knew that they needed a new form of government.
The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.
“Elastic Clause”. This clause is also often referred to as the “necessary and proper” or the “sweeping” clause. It can be found in article 1, section 8 of the constitution, clause 18. The “elastic clause” puts forward that Congress has the power to pass any law that they have deemed to be both necessary and proper to implement the powers that have already been delegated to the Congress. (U.S Const.
When the Constitution was written and the United States Government formed it consisted of three branches, the Executive, the bicameral Legislative, and the Judicial branch. When the United States Supreme Court was revealed in February 1790 it was little more than an appeals court. It had little power, and met but twice per year. The judicial branch was the weakest of the three branches. It consisted of six justices, with one being the Chief Justice.
One of these rough patches was the Articles of Confederation, which taught us that a balance of power is of great importance. We abandoned the Articles of Confederation and adopted a new Constitution because of State powers, and lack of Congressional powers. The fear of a Central Government like Great Britain led The United States away from having such a strong Central Government. So the States were given autonomy to make most decisions & have many powers under early American Government.
Because the federal government was so weak relative to the states, federal laws could not be properly enforced. The only real power that the national government had was the
Examples of this would include the lack of a bill of rights, the unbalanced powers in our government, and overall the
Under the Articles, The power of government was very weak. Every state wanted to gain more power and benefits. So, government did not have executive, no judiciary authorities, no army, and even no chance to gain taxation. The federal parliament only declared war and peace, sent foreign envoys, adjusted relationship between states.
The Supreme Court also helped define the nation in a way. The establishment of the Judicial, which was caused by Marbury v Madison. Marbury v Madison is a case by the U.S Supreme Court. This case enabled the exercise judicial review in the U.S. For example say congress wanted to pass a law,
The Chief Justice of the Supreme Court at the time was Chief Justice John Marshall, and he declared that this whole process of delivering commissions for judges, the Judiciary Act, was unconstitutional. The Supreme Court declared this act illegal, because it gave the Supreme Court a power that they were forbidden to have. This is when the first law was declared unconstitutional and judicial review came into
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
1. The supreme court is the highest federal court in the United States. It consists of nine supreme court justices. Federal judges are nominated by the president and approved by the senate. Once appointed the justices will serve on the supreme court for the rest of their lives, unless they are impeached.
