1/31/08 articles of confederation - 1781-1789 - unicameral congress (sole instrument of government), all states have 1 vote, delegates paid by states, could make no laws applying to individual citizens, only by asking states, explicitly stated powers (war, peace, foreign relations, postal system, etc), no enforcement power (similar to United Nations), each state had its own currency, border disputes, internal and external trade conflicts federal system - stronger central government unitary system - confederation - anapolis convention - recommended another convention to revise articles of confederation philadelphia convention of 1787 - met with purpose of revising articles of confederation, before it met, VA delegates drew up the Virginia Plan Virginia Plan - favored larger states New Jersey Plan - Connecticut Compromise (Great Compromise) - created current congress and federal system, votes in electoral college allocated by senators+reps, required states to act before amendments can be made, quorum - min number of members required to conduct business federalist papers - written under the psuedonym Publius, propaganda persuading people in NY and VA to ratify the constitution federalists - supporters of const, wanted stronger central government, current too weak and ineffective to protect rights of people antifederalists - lack of bill of rights cause fear that central government would become too powerful and states would lose their identities (how could a document possibly list all of a person's rights) feds won over some of teh antifeds by promising a bill of rights antifeds had fear of removal of autonomy still arguments of where responsibilities lie between states and national governemnt delegated powers - powers granted to the national government reserved powers - everything left to the states (not delegated or prohibited) enumerated powers - specifically listed powers such as article 1 section 8 bill of attainder - legislative branch cannot pass a law declaring guilt and punishment ex post facto law - no retroactive criminal laws cannot grant titles of nobility can't tax imports/exports except where necessary to prevent things can't charge ships/trucks based on tonnage can't engage in war unless invaded chisholm vs ga 1793 - court said states could be sued in fed court 11th amendment got passed, sovereign immunity implied powers - not specifically laid out, but follow from requirements, follow from McCulloch vs Maryland McCulloch vs Maryland held that congress could make any laws required to carry out its powers (necessary and proper/elastic clause), also, states can not tax an instrument of the government residual powers - powers of the states that remain after the feds have chipped away at the reserved powers supremacy clause - article 6, national government wins agains state government (case of Rock vs Scissors) Roe vs Wade - can't outlaw abortion (in texas)