Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
5. The powers denied to the states:--
a. An enumeration of these powers.
b. The prohibition of bills of credit, in particular.
c. The paper money craze of 1785 and 1786.
d. Paper money as a "legal tender."
e. The depreciation of paper money during the Civil War.
f. The depreciation of the Continental currency in 1780.
g. The demoralization caused by the states making paper money.
h. The lesson of experience.
6. Prohibitions upon the national government:--
a. The imposition of duties and taxes.
b. The payment of money.
c. The writ of _habeas corpus_.
d. _Ex post facto_ laws.
e. Bills of attainder.
f. Titles and presents.
7. Duties of the states to one another:--
a. In respect to public acts and records, and judicial proceedings.
b. In respect to the privileges of citizens.
c. In respect to fugitives from justice.
8. What is the duty of the United States to every state in
respect (1) to form of government, (2) invasion, and (3)
insurrection?
9. Amendments to the Constitution:--
a. Two methods of proposing amendments.
b. Two methods of ratifying amendments,
c. The difficulty of making amendments.
d. Amendment of the Articles of Confederation.
10. What is meant by the Constitution's declaring itself the
supreme law of the land?
Section 5. _The Federal Judiciary_.
[Sidenote: Need for a federal judiciary.]
The creation of a federal judiciary was the second principal feature in
the Constitution, which transformed our country from a loose
confederation into a federal nation, from a _Band-of-States_ into a
_Banded-State_. We have seen that the American people were already
somewhat familiar with the method of testing the constitutionality of a
law by getting the matter brought before the courts.[27] In the case of
a conflict between state law and federal law, the only practicable
peaceful solution is that which is reached through a judicial decision.
The federal authority also needs the machinery of courts in order to
enforce its own decrees.
[Footnote 27: See above p. 194.]
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