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.]
[Sidenote: Federal courts and judges.] [Sidenote: District attorneys and marshals.] The federal judiciary consists of a supreme court, circuit courts, and district courts.[28] At present the supreme court consists of a chief justice and eight associate justices. It holds annual sessions in the city of Washington, beginning on the second Monday of October. Each of these nine judges is also presiding judge of a circuit court. The area of the United States, not including the territories, is divided into nine circuits, and in each circuit the presiding judge is assisted by special circuit judges. The circuits are divided into districts, fifty-six in all, and in each of these there is a special district judge.