Federal Law and Federal Courts
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Excerpt from Federal Law and Federal Courts: Instruction Paper
§ 1. Articles of Confederation. The Articles of Confederation of 1778 were the genesis, but not the foundation of the Federal Government. These Articles did not contemplate a government in the ordinary sense, hut were a mere league between the States "for their common defense, the security of their liberties, and their mutual and general welfare." As little power as possible was given to the Union, as much as possible was reserved to the States. There was no provision for an executive head, but during a recess of Congress, a Committee of the States was given very limited executive powers. Congress could borrow money, hut could not repay it, except by requisitions - often disregarded - upon the States. Congress had no power to levy taxes for any purpose, but might order the States to levy them. It had no power to raise an army except by requisition upon the States, which reserved to themselves the right to appoint all officers below the rank of Colonel. They made no provision for the organization of courts excepting in admiralty, though Congress was made a court for the trial of territorial disputes between the States, hut had no power to enforce its decrees. Lacking courts, Congress had no power to punish offenses against its own laws. No important step could be taken without the assent of nine States.
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