JUDICIAL POWER IN THE UNITED STATES

From the opening of the revolution to the adoption of the Articles of Confederation, all united governmental action had been taken through the continental congress. The Declaration of Independence, the declaration of war, raising and equipping an army, creating a navy, issuing money, contracting alliances with foreign powers, creating a court of appeals in prize cases, and appointing a commander in chief of the army were clearly acts of national sovereignty, performed before the adoption of the Articles of Confederation. Although by the Articles of Confederation each state retained its sovereignty not expressly delegated to the United States in Congress assembled, the states could not make war nor peace nor alliances nor treaties nor raise troops nor equip vessels of war. On the other hand as a nation we made war, vanquished our enemies, formed alliances, made peace, and entered into compacts and conventions with foreign states.