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Restrictions placed upon interpretations of Privileges and Immunities clause
Restrictions placed upon interpretations of Privileges and Immunities clause
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This clause states that “All persons born in or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” It then goes on to state that States are not allowed to make or enforce any law that takes away life, liberty, property, privileges, or immunities of US citizens without due process of law. The most important part of the clause though that is the most relevant is the final sentence which states “...nor deny to any person
Under the articles, many states ignored requests to pay taxes. Not requiring states to pay taxes is an obvious flaw. Another problem with the Articles also has to do with money. Congress did not have the power to make a currency for the states, so each state had to print its own. Having
had major issues that lead to exposure of problems through, what could have been, dangerous events like Shay’s Rebellion. Although crushed before it could do substantial damage to the country, this group of 300 men exposed some serious problems with the A of C. Some of these include the government not having a standing army, and the fact the the national government couldn’t levy taxes. Under the Articles, the states had these powers under the idea that a weak Federal government was best. One of the first privileges discussed was shown in Document 1 (letter from James Madison to George Washington). It is stated that “the national government should be armed with positive and complete authority in all cases which require uniformity; such as the regulation of trade, including the right of taxing both exports and imports, the fixing of terms and forms of naturalization….”
The constitution claims to have a goal to “form a more perfect union” and “insure domestic tranquility” (Document 1). These were both issues under the Articles of Confederation, considering the 13 states were extremely separate and divided, each with the ability to make it’s own taxes, currency, and trade regulations. Also, there
The U.S. Constitution signed September 1787, not only unified America as one nation, but it also enriched America’s core structure of government on a national scale. One cannot ignore the significant disunion that existed during the time of the Articles of Confederation. Due to the fact that the states were allowed to act like independent countries, Congress had insufficient power to make and enforce laws or collect taxes. Both the national government and individual states had acquired a substantial amount of debt due to the cost of the American Revolution and needed the means to pay for it. The main source of government revenue became tariffs imposed by each state.
However, it was not mentioned in a colonial charter for an extended period of time. Later, the charters of Rhode Island, Connecticut, and the second charter of Massachusetts recognized and ratified the idea. It was later written into our constitution; Article IV, Section Four states “The United States shall guarantee to every State in this Union a Republican Form of Government…". The principles of checks and balances and separation of powers also
Since the United States was relatively a new nation, it needed some form of organization to hold the states together and keep its government and society stable to build a stronger economy (Knoedl, 2003). The first and foremost inherited weakness of the Articles came from the fact that it replaced sovereign power in the hands of the states. This started after the American Revolution, when the American people feared that the colonists would form a new government that could function similarly to King George III’s monarchy after having dealt with the British Crown for years. Since then these states would start creating their own set of rules and laws and because of some states, creating their own constitutions and each state can rule itself, it gave more power to them than the actual Federal Government.
But, for now you have to look at the people that made the Articles and really how much power they should have given themselves. You do have to give a little leeway understanding that the Americans did not want an overpowering force, but really they could have given themselves a little more of a power shift. The Articles had given the states too much power and the Federal too little. This caused the states to break up into their own little countries that only cared about themselves. Really they were the States of America.
The Articles of Confederation is “a loose association, rather than a firm unity of states.” This allows us U.S. states to be independent of each other. In 1781, it was
Article lV, talks about the states. It talks about the responsibilities the federal government has for each state and the duties the states have. Article V, says that the only way
One rule in the document was that there was that all states agree on a law before it gets amended. The event in which all states would agree is an anomaly. Another part related to the articles was that “sovereignty resided in the states”. This was
The Declaration of Independence and the U.S. Constitution are documents which are designed to work together. They together hold the core values, beliefs and laws of the United States of America. The Declaration of Independence was written by the young Thomas Jefferson in 1776 when the people of America went to war against the invading armies of Britain. Britain had colonized America under the rule of King George III.
Federalists believed the articles were too weak and the United States needed a strong government to protect the nation. Federalist No. 39 states, “We may define
Article one is about the Legislative branch, the second article is about the Executive branch, and third article is about the judicial branch. The fourth article explains the relationship between powers and rights of the state and federal government. Article five describes how including additional amendments works, and the procedures for making them. Article six
It also states in ¨The Articles of Confederation¨ under article V Delegates pay for their Congress to represent them and to make the right decisions. Another similarity is that they were both created to form a better Union, as in ¨The Constitution
