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125 Cards in this Set
- Front
- Back
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What were the five big powers given to Congress?
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Article 1, Section 8
Enumerated Powers- Written Powers- The Big Five 1. Make Laws 2. Can Impeach or Remove President/ Justices 3. Declare War- also issue letters of marque and reprisal, raise and support army and navy 4. Power of the Purse 5. Necessary and Proper Clause- (notion of implied powers) |
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Implied Powers
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powers that aren't specifically spelled out in the Constitution but are nonetheless assumed to give to a specific branch
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Necessary and Proper Clause
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(also known as the elastic clause) gives Congress the ability to establish new powers for itself so long as those powers are related to the enumerated powers it already has
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Power of the Purse
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A variety of economic powers, appropriate funds, establish spending and revenue for the government, coin money, borrow money, collect taxes, punishment of counterfeiting, regulate commerce.
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McCulloch v. Maryland (1819)
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- Congress can establish post offices and post roads, issue patents and copyrights, fix standards of weights and measures
- Establish new executive departments or courts - Ratify treaties with other countries - Oversight of the other two branches of government |
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What is Congress specifically prohibited from doing?
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1. Pass Ex Post Facto Laws
2. Deny Habeas Corpus 3. Grant Title of Nobility 4. Tax Exports 5. Direct Tax Except for the 16th Amendment |
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Pass Ex Post Facto Laws
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A law that makes an action a crime after the action has taken place. The Constitution makes it illegal for congress to pass any law pertaining to this.
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Deny Habeas Corpus
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A court order that requires authorities to bring an arrested individual before a court so that a judge can decide whether the person is being held for legitimate reasons. The constitution does not allow congress to deny this right, because the individual needs to be held fairly.
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Tax Exports
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No tax or duty should be laid on articles exported to any state. This was compromise made over the slave trade.
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Direct Tax Except for the 16th Amendment
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A tax paid directly to the government. Except for what is stated in the ____ amendment (1913), this is not permitted.
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Difference between House and Senate
Terms This bicameral structure was meant to be an additional check and balance inside Congress. |
House: 2
Senate: 6 |
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Difference between House and Senate
Years to hold office This bicameral structure was meant to be an additional check and balance inside Congress. |
House: 25
Senate: 30 |
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Difference between House and Senate
Based on _______ This bicameral structure was meant to be an additional check and balance inside Congress. |
House: 435 based on population (700,000)
Senate: 2 per state, 100 total |
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Difference between House and Senate
Policies This bicameral structure was meant to be an additional check and balance inside Congress. |
House: emphasis tax and revenue policy
Senate: focus on foreign policy |
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Difference between House and Senate
Where bills start/ votes This bicameral structure was meant to be an additional check and balance inside Congress. |
House: all revenue bills start here
Senate: ratifies treaties with 2/3 vote confirms appointments with 2/3 vote |
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Difference between House and Senate
Impeachment This bicameral structure was meant to be an additional check and balance inside Congress. |
House: brings articles of impeachment
Senate: convicts during impeachment |
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Difference between House and Senate
specialized or generalist? This bicameral structure was meant to be an additional check and balance inside Congress. |
House: more specialized (less friendly)
Senate: more generalist (less people to deal with) |
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Difference between House and Senate
Collegial This bicameral structure was meant to be an additional check and balance inside Congress. |
House: less collegial (friendly)
Senate: more collegial |
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Difference between House and Senate
Leaders This bicameral structure was meant to be an additional check and balance inside Congress. |
House: Speaker of the House
Senate: Senate Majority Leader, VP breaks ties |
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Both Senators and Members of the House must be _________ for ____ years and ______ of their respective states.
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citizens for 7 years
and residents of their respective states |
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Executive Branch- President
Enumerated Powers |
- Commander in Chief
- Chief Executive "Take Care to faithfully execute the laws" - State of the Union - Chief Diplomat - Negotiate Treaties - Pardon Power - Veto Power - Appointments |
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Executive Branch- President
Implied Powers/ Inherent Powers |
- Executive Privilege
- Emergency Powers - Chief Communicator- Bully Pulpit |
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What are the requirements to hold political office in the Executive Branch?
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35 years old
natural born citizen resident for 14 consecutive years prior to office |
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Article II
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The Executive Branch
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Article 1
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Congress
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The Executive Branch
Term of Office |
Unlimited 4 year terms. Washington set precedent of serving only 2 that was broken by FDR- 22nd Amendment established 2 year limit. Taking over for someone after resignation or death doesn't count as a term.
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The Executive Branch
Method of Selection |
- Electoral College- Electors selected in each state and cast 2 votes for candidates from different states.
- Now set at 538- 435 based on House Representation, 100 for Senate Representation, and 3 for the District of Columbia - At the founding Electoral College was meant to control the passions of the masses - Now really a popular vote within each state, electors are automatic, chosen by parties. - Originally, second place became VP, 12 Amendment (1803) ensured that the VP could not be from different party as occurred with Adams and Jefferson in 1796. 1800 election was a tie. |
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Article III
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The Judicial Branch
Supreme Court |
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Original Jurisdiction
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cases affecting ambassadors, ministers and consuls, and also those controversies which are subject to federal judicial power because at least one state is a party
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Appellate Jurisdiction
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cases heard on appeal that work their way up through the lower courts. The supreme court hears most of its cases this way
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The Judicial Branch
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- life tenure
Supreme Court- can fluctuate number, now at 9 justices - doesn't set a number of other federal courts - defines treason - salaries cannot be decreased only increased - can only hear actual cases and controversies, no advisory opinions - trial by jury in all criminal cases except impeachment |
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Judicial Review
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was discussed but not part of the Constitution. The court has no real power until- Marbury v. Madison (1803)- Court essentially gives itself Judiciary review by striking down the Judiciary Act of 1789. It now has the ability to decide the constitutionality of laws.
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Bill of Rights
introduced in 1789 ratified in 1791- only 10 ratified out of the twelve |
Not part of the original constitution
introduced in ______ ratified in ______ |
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First Amendment
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Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Protecting us about Congress. |
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Second Amendment
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Right to keep and bear arms.
A well regulated Militia, beginning necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. |
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Third Amendment
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Protection from quartering of troops.
No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to prescribed by law. |
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Fourth Amendment
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Protection from unreasonable search and seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly described the place to be searched, and the persons or things to be seized. |
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Fifth Amendment
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due process, double jeopardy, self-incrimination, eminent domain... can't be charged for the same crime twice
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
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Sixth Amendment
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Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
In all criminal prosecutions, the accused shall enjoy the righ tto a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. |
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Seventh Amendment
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Civil trial by jury.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the US, than according to the rules of the common law. |
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Eighth Amendment
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Prohibition of excessive bail and cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
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Ninth Amendment
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Protection of rights not specifically enumerated in the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. |
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Tenth Amendment
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Powers of States and people
The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. |
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How to Read a Court Decision
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1. Facts
2. Question 3. Rule(s) 4. Reasoning (majority) 5. Dissent 6. Concurring Decision 7. Dicta |
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How to Read a Court Decision
Reasoning (Majority Opinion) |
This provides the answer to why the majority of the court ruled the way they did. The majority will cite previous decisions of the court and will interpret the meeting of the Constitution.
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How to Read a Court Decision
Dissent |
A member or members of the Court who do not vote with the majority are given the chance to explain their reasoning. Important because sometimes it will later become the rule of law. The most famous example of this was Justice harlan's lone dissent in Plessy v. Furgeson (1896) which was turned into law 58 years later in Brown v. Board of Education (1954)
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How to Read a Court Decision
Concurring Decision |
A concurrence is where a justice or justices agree with the rule of law, but disagree with the reasoning of the majority.
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How to Read a Court Decision
Dicta |
Political ideology or a historical argument with no force as a rule of law. It is advisory in nature (which the justices are not supposed to make).
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How to Read a Court Decision
Rules |
This is the rule of law. It is how the majority of the court answers the above question. For example, "yes" the law passed conflict with the right of free speech in the 1st amendment. Sometimes the court will have multiple rulings and will strike down parts of law while holding other parts constitutional. There is often some test offered in the rule of a law such as the "neutrality test"
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How to Read a Court Decision
Facts |
The _____ of the case. These are supplied by records of the lower courts (a writ of certiorari orders the lower court to send up all information)
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How to Read a Court Decision
Question |
Every case heard by the Court must raise a constitutional question. For example, "did the law passed by the legislature conflict with the 1st amendment's right to free speech."
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Principles Guiding a Court Decision
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1. Stare Decisis
2. Political Questions 3. Ripeness 4. Mootness 5. No Advisory Opinions 6. Standing 7. Rule of Four |
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Principles Guiding a Court Decision
Stare Decisis |
The doctrine, grounded in British common law, by which judges give great weight to previous Court decisions. These previous rulings are known as precedents. The court must decide whether to uphold precedent or to overturn it. They must justify that decision either way. This is an attempt to keep the law consistent despite the political nature of the Court.
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Principles Guiding a Court Decision
Political Questions |
The court may decide not to hear a case because they believe it is one of these. It is one that the court determines should be left for the other branches to decide.
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Principles Guiding a Court Decision
Ripeness |
The court TYPICALLY hears cases that are this. Receives thousands of petitions to hear cases. Typically decide to hear cases that are getting a great deal of attention in the lower courts. Recent examples would be abortion, affirmative action and freedom of religion.
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Principles Guiding a Court Decision
Mootness |
The court DOES NOT hear cases that are this. This claim is sometimes used by the court to back out of controversial cases. If the case has been settled by a non-judicial action that the Court will not rule. Ex. affirmative action cases and student being admitted while the case is working its way to the Supreme Court.
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Principles Guiding a Court Decision
No Advisory Opinions |
The court hears cases where there is a real conflict between two parties. The court does not give advice on constitutional questions.
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Principles Guiding a Court Decision
Standing |
The court will always decide whether an individual or entity has standing to sue. This means the LEGAL RIGHT TO CHALLENGE A JUDICIAL DECISION OR LAW. A party must demonstrate that they have an interest in the outcome of the potential decision. An adverse relationship must exist. Ex. Newdow v. US Congress, Elk Grove Unified School District- Newdon did not have standing because the suit involved a non custodial child. He had challenged that "under God" in the pledge of allegiance violated the establishment clause in the 1st amendment.
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Principles Guiding a Court Decision
Rule of Four |
Every Monday, while the Court is in session the justices hear petitions. The justices decide which of these to hear and which to deny. Justices will only hear cases that they are particularly interested in and that meet ripeness, standing, and other court principles. FOUR OF NINE JUSTICES must agree to hear a petition.
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Methods of Interpreting the Constitution
Strict Construction |
Conservative Ideology
Constitution Justice Scalia Plain Meaning of the words in the Constitution |
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Methods of Interpreting the Constitution
Non Construction |
Liberal Ideology
Constitution Justice Breyer Constitution must be updated to modern times |
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Judicial Activism
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Court must take an active role to in undoing social ills and its constitutional role is one of providing a check against the other branches and creating new precedent
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Judicial Restraint
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Justices should defer to precedent and should only take cases when they are in gross violation of the Constitution.
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1803
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Marbury v. Madions Date
"It is emphatically the province and duty of the Judicial Department to say what the law is. |
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Writ of Certiorari
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order the lower court to send up all information
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Marbury v. Madison (1803)
John Marshall |
landmark case
Supreme Court under Chief Justice _____________ established the precedent of Judicial Review. |
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Article III, Section 2
Judicial Review |
states that the judicial power extends to all cases arising under the constitution, but it did not specifically enumerate the procedure by which the Court could do this. Became known as the ______________.
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Judicial Review
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When the Constitution is unclear or ambiguous the Supreme Court has the final say.
*Marshall had created the power of this. |
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John Adams
Thomas Jefferson |
President ____________ lost to outspoken federalist critic _______.
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Alien and Sedition Act of 1789
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Federalists had lost much support due to the passage of the _________________ which outlawed speech that was critical of the government.
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Writ of Mandamus
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A judicial order requiring the performance of a ministerial act
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Judiciary Act of 1789 (Section 13)
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extends original jurisdiction to the court
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Marbury v. Madison (1803)
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* Essentially gives itself judicial review by striking down the Judiciary Act of 1789. It now has the ability to decide the constitutionality of laws.
In a 4-0 unanimous decision, Chief Justice Marshall responded to the 3 key questions in the case. 1. Did Marbury have a right to the commission? YES 2. Do the laws of this country give Marbury a legal remedy? YES 3. Is asking the Supreme Court for a writ of mandamus the correct legal remedy? YES AND NO. A Writ of Mandamus is the proper instrument but the Supreme court should not have original jurisdiction in these types of cases. The Judiciary Act of 1789 (Section 13) IS UNCONSTITUTIONAL. - If Marbury wants his commission he would have to go to a lower court and ask for the writ of mandamus there. - marshall went on to deliver other strong Federalist rulings such as McCulloch v. maryland and Gibbons v. Ogden- which reinforced the right of the federal government to regulate commerce |
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What does Marbury v. Madison demonstrate?
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that the court has always been used as a political instrument
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Who were the amendments introduced by? What year?
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James Madison in the 1st US Congress
1789 |
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How many of the amendments were eventually ratified?
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10 out of 12
All 12 were passed by Congress but only 10 made it out of the state ratification process. 1- 1st Article: dealing with the # and apportionment of US Representatives has never been ratified 2- Limiting the power of Congress to increase the salaries of its members- ratified in 1992 as the 27th amendment |
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What is the number one way that amendments are passed?
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An amendment can be passed by 2/3 of both the House and Senate and ratified by majority vote of 3/4 OF STATE LEGISLATURES
This method has been used 26 times. |
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How many times has the Constitution been amended?
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27 times
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21st amendment
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repealed prohibition
Used 2nd Method of Amending the Constitution- An amendment can be passed by 2/3 of both the House and Senate and then by the majority vote in 3/4 of SPECIAL RATIFYING CONVENTIONS held in each satae. |
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Enumerated Powers
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Written out in the Constitution
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Implied or Inherent Powers
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powers that aren't specifically spelled out in the constitution but are nonetheless assumed to give to a specific branch.
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12th Amendment (1803)
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ensured that the VP could not be from different party as occurred with Adams and Jefferson in 1796. 1800 election was a tie
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What are the legislative, executive, and judicial powers found in the constitution?
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Legislative: *make laws. appointment and treaty power shared with Executive Branch
Executive: *commander in chief of military, implements laws. appoints officials, ambassadors, and justices with the advice and consent of the Senate. Judicial: Interprets the constitutionality of laws (this is essentially a lawmaking power so it is shared in that senses) |
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22nd Amendment
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established 2 year limit. taking over for someone after resignation or death doesn't count as a term.
Broken by FDR |
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Federalism
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This unique American invention calls for a system of gov. wherein some powers are given to the national or federal and others are set aside for the states. Some powers are specifically reserved for the national government. These are found in Article 1 Section 8 of constitution.
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Shared Powers
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powers such as enforcement, taxation, and established courts
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Representative Democracy
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Citizens vote for officials to represent their interest in the government.
House of Rep: People selected Senate: 2 Senators pers state chosen by state legislatures 17th Amendment changed to direct vote |
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17 Amendment
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Changed to direct vote
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10th Amendment
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States that powers not granted to the federal government nor prohibited to the states are reserves for the States and the people.
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Supremacy Clause
Article VI, Clause 2 |
National laws are supreme to state laws. When in conflict the national law is superior to the state law.
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Checks and Balances
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Each branch is given specific powers and each has influence (or check) on other branches. This sometimes involves the sharing of powers or the ability to prohibit or stop the use of a power.
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Necessary and Proper Clause or Elastic Clause
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statement in the US constitution (article 1, section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers
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bicameral
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wo chamber legislature- representation of both would be determined by population size
Virginia Plan |
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unicameral
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one house
New Jersey Plan- small states |
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What was Howard Zinn's argument about elites?
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Elite theorists
suggests that propertied elites were afraid that the masses would take up arms and revolt against elites |
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What do Dye and Zeigler say about the Constitution being revolutionary?
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suggest that the Constitution was not the work of revolutionaries, but of ANTI-revolutionaries
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Virginia Plan- Large States
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- representation based on population size: proportional representation
- 3 branches of government- Executive,Judicial, Legislative - BICAMERAL - president chosen by legislature - national court system - national supremacy over state supremacy - get rid of the articles and start over - Madison is known as "Father of the Constitution" for his role in putting forth this plan |
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Proportional Representation
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Representation based on population size
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New Jersey Plan- small states
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- proposed by less populous sates (Delaware, New Jersey, Connecticut, New York)
- feared that the populous sates would control everything - revise Articles of Confederation - UNI-CAMERAL legislature - more than one person as the executive - representation should be based on sates not on population - the convention now has its first source of political conflict - compromise was a key element on the convention: **What was the compromise? The Connecticut Compromise |
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The Virginia Plan was promoted by who?
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James Madison
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The Connecticut Compromise or The Great Compromise
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- facilitated by Roger Sherman of Connecticut
- also known as __________ - the large states, demonstrating their power, were able to get the vast majority of their ideas incorporated into the new Constitution - the only real substantial piece of their plan that was implemented was that 2 senators would be selected by state legislatures to make up the Senate |
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Who facilitated the Connecticut Compromise or Great Compromise?
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Roger Sherman
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What were the 5 achievements of the Great Compromise or Connecticut Compromise?
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1. First successful war for colonial independence in the modern era
2. Established the first nation-sized republic 3. Created the first wholly secular state 4. Rejected Aristotle's idea that political sovereignty must reside in one agreed-upon location. 5. Institutionalized channels for ongoing debate. This encouraged challenges to law, the idea of what had formally been seen as treason. |
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What were the 2 factors contributing to the success of the founding of America according to George Washington?
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1. timing- meaning the time period. The revolution had just been proceeded by the Enlightenment and new ideas on governance.
2. space- referring to the almost limitless resources found in North America |
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What were the 2 failures of the Great Compromise or Connecticut Compromise?
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1. Failure to end Slavery
2. Failure to implement a just and generous settlement with the Native Americans |
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Adir's Argument on the Great Compromise
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- explanations for the creativity of the founding fathers
- says that it was their "lust for fame"- they didn't just want fame amongst their own generation but sought to be immortalized - argument doesn't give a comprehensive Ex. Washington's decision to free his slaves in his will, was motivated by his realization that his failure to do so would stain his reputation. |
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Wood's Argument on the Great Compromise
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- explanation for the creativity of the founding
- bloodlines and class did not bind the Founders from achieving greatness Ex. Washington would have never become more than a major in the British army - America was open to a whole class of talented men - Founders had the advantage of occupying a place in time that enjoyed the benefit of post-aristocratic access to talent without the liabilities of a fully egalitarian society |
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Bailyn's Argument on the Great Compromise
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- explanation for the creativity of the founding
- The particular time period was not weighed down by old traditions that had become institutionalized - this generation was able to more freely question old "self-evident" truths and invent their own without fear of establishing sources of power and authority. |
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Ellis's Argument on the Great Compromise
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- explanation for the creativity of the founding
- political and personal diversity enhanced creativity by generating a dynamic chemistry - creativity was a result of competing convictions whenever a major crisis arose - these factors led to a natural form of checks and balances |
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Recurring themes amid the 4 arguments of Ellis, Bailyn, Wood, and Adir
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1. Many of the major political decisions were IMPROVISED and not a result of long intense thinking
2. SPACE or LIMITLESS resources were key to the creativity of the founding 3. founders opted for EVOLUTIONARY social and political change not revolutionary 4. despite their ability to establish such political and social changes they continued to struggle over the issue of SLAVERY |
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What are the requirements to hold political office in the Legislative Branch/ Congress?
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both senators and members of the House must be citizens for 7 years and residents of their respective states
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What are the 4 main principles of the Constitution?
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1. Representative Democracy
2. Federalism 3. Separation of Powers 4. Checks and Balances |
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Electoral College
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The President is indirectly selected by the people via the ___________.
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Separation of Powers
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Powers are divided between the 3 branches of government. If too much power is held by one person or branch it could lead to tyranny.
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What were the major compromises that occurred at the convention?
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Virginia Plan
New Jersey Plan Connecticut/ Great Compromise 2/3 Compromise Bill of Rights |
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What was the rule of law and the basic facts in Marbury v. Madison (1803)?
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Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.
The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force the new Secretary of State James Madison to deliver the documents. The Court, with John Marshall as Chief Justice, found firstly that Madison's refusal to deliver the commission was both illegal and remediable. Nonetheless, the Court stopped short of compelling Madison (by writ of mandamus) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established. The petition was therefore denied. |
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What does Michael Parenti argue about elites and the masses?
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argues that their goal was to control the masses
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Charles Beard- An Economic Interpretation of the Constitution of the U.S. 1913
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asserts that the founders were trying to ensure their own economic futures
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Shay's Rebellion
summer of 1776 |
- occurred in central and western Massachusetts
- Daniel Shay was the leader of the uprising - Daniel Shay lead a group of famers, laborers, and small merchants in capturing some courthouses - The rebellion was quickly put down by local militia. - Roughly 11 men were killed and dozens were wounded - Shay and his men were upset at the small group of propertied elites who controlled land prices (for farmers) and wages among the working class. * triggering event - highlighted the inability of the states to deal with major problems - worried elites |
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What was the Triggering Event that united national elites into creating a strong central authority.
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Shay's Rebellion
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How many grievances are listed in the Declaration of Independence?
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27
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What were the political, diplomatic, social, and economic consequences of the War of Independence?
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Political:the war led to the creation of the US
Diplomatic: the problems faced prior to and during the war would greatly impact the formation of our government afterwards. This victory had a huge impact on other colonial wars of liberation. The war transformed American Society. Social: Indian population- peace agreement did not protect them from future expansionism by the US. African Slaves- conflict important militarily- many black Americans fought in order to gain their emancipation from slavery. This undermined slavery and played a role in the eventual emancipation of the northern states. Women- war led to greater autonomy in their lives and families. experience of the war led some to call a greater voice in the political process. Poor white males- gained the most Economic: major debt for the new country to deal with |
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16th Amendment
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allows the Congress to levy an income tax without apportioning it among the states or basing it on Census results. This amendment exempted income taxes from the constitutional requirements regarding direct taxes, after income taxes on rents, dividends, and interest were ruled to be direct taxes in Pollock v. Farmers' Loan & Trust Co. (1895). It was ratified on February 3, 1913.
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Electoral College
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- electors selected in each state and cast 2 votes for candidates from different state
- at the founding it was meant to control the passions of the masses - now really a popular vote within each state, electors are automatic, chosen by parties |
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How did the Articles of Confederation function?
(1781-1789) TOO COLD ratified in 1781 |
as a weak centralized government
Was this an overreaction? yes TOO COLD - national government had no control over the people of the states - state laws were supreme to national laws - each state had one vote in Continental congress and 9 out of 13 votes was needed to approve any decision made by the national government UNICAMERAL- or one house - central gov. could declare war, conduct foreign policy, coin money (not an exclusive right), create a postal service, and create an army of state militias - there was an executive branch headed by a president, but he had NO power - there was NO national judiciary. Judicial proceedings in one state were suppose to be honored in other states. |
