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Challenges of the Articles of Confederation
Weak federal government, no judical branch, federal government has no power to tax, not strong executive
What was the cause of Shay’s Rebellion due to the provisions in the Articles of Confederation?
The AoC had a weak federal government which contributed to the inability of the national government to respond militarily to Shays’ Rebellion. This exposed a critical weakness in the structure of the national government; lack of military power/power to raise an army.
Checks on the Judicial Branch
Nomination of Judges:
The President nominates candidates for judicial positions, but they can be approved or disapproved by the Senate.
Congress can amend the Constitution: can propose constitutional amendments that can potentially overturn or limit judicial decisions.
Setting court jurisdiction: Congress can establish the boundaries of federal court jurisdiction.
Impeachment and removal
What is protected and not protected by the First Amendment free speech clause?
The First Amendment protects the right to free speech, but does not protect certain types of speech, such as incitement to violence, obscenity, or defamation.
Schenck v. United States (1919), the Supreme Court established the "clear and present danger test” in which speech is not protected if it creates danger of causing harm. Ex: yelling “Fire!“ in a movie theater.
Spoken, written, and symbolic speech, as well as expressive conduct are protected by the 1st Amendment. Examples include, protest signs, armbands, and flag burning.