9 Foundational Documents Flashcards
The Declaration of Independence
The declaration of Independence was the document that officially separated the American colonies from England. It used John Locke’s Social Contract Theory which states that people form governments that protect their natural rights to Life, Liberty, and the Pursuit of Happiness. (John Locke had originally said property rather than the pursuit of happiness) If the government did not protect this or infringed upon it, the people had a right to overthrow the government and start a new one. This document also employed the concept of popular sovereignty meaning that the people rule. It listed all of the grievances the British did under the King to the colonies.
The Articles of Confederation
The Articles of Confederation created the first government of the US. The federal government was incredibly weak while the state governments had most of the powers, and the states acted more as 13 separate countries rather than 1 nation. There was only 1 branch of federal government, the legislative branch, it was unicameral and each state had 1 equal vote. There was no Executive and no Judiciary which posed a problem because there was no way of enforcing laws that the federal legislature made. 2/3 states had to agree on laws and to amend the articles of confederation, all states had to agree unanimously. The federal government had no way to tax, so there was also no way to maintain a national military. Shay’s Rebellion helped point out the weaknesses of the Articles of Confederation especially because the federal government had no way to help Massachusetts put down the rebellion without a military. Each state had it’s own currency which made interstate commerce unnecessarily difficult and they each had their own trade deals with foreign countries.
The Constitution
The constitution was made after the Articles of Confederation and outlined a strong federal government with 3 branches. Article I laid out the rules for the legislative branch, it made the legislature bicameral with the senate and the house. The Expressed Powers were powers specifically given to the federal government by the constitution and Implied powers were powers that are necessary and proper to carrying out the expressed powers of the government. The reserved powers were powers not explicitly given to the federal government but neither denied to the states that are reserved for the states. Article II laid out the rules for the executive branch, it gave the president their powers. Article III laid out the rules of the judiciary branch, it created the supreme court. The constitution used separation of powers and checks and balances to ensure one branch doesn’t become too powerful. The supremacy clause states that the constitution is the supreme law of the land and that if state and federal laws conflict, the federal law rules. The supremacy clause also allows the judiciary to review the acts of other branches and strike them down if they are unconstitutional. The bill of rights is the first 10 amendments to the constitution which protects individual’s rights against majorities or the government who might infringe or restrict them. The 14th amendment houses the equal protection clause, which protects individuals from discrimination, and the due process clause which incorporates the bill of rights against the states. The 15th, 17th, 19th, 23rd, 24th, and 26th amendments increase suffrage for various reasons.
Brutus 1
Brutus 1 argued that the constitution gave the federal government too much power and the state governments would be nullified. Brutus claimed in his argument that the legislative branch’s power was unlimited and a threat to individual liberties, specifically the necessary and proper clause and the supremacy clause. Brutus was concerned that the federal government could impose and collect taxes and spend the money on virtually anything that promoted general welfare and common defense which was basically limitless. He was also concerned that the nation was too big and diverse for one government to adequately represent the interests of everyone and result in tyranny of the minority.
Federalist 10
In Federalist 10, James Madison argues that factions are unavoidable. He says that the only way to destroy factions id to destroy liberty where the cure would be worse than the disease. The best course of action is to control factions and limit their power by having a large republic. The different factions create diversity and protects minority groups’ rights by forcing compromises in the government. He believes that having a large republic will allow many factions to form and the large number of factions will guarantee the no one faction will become too powerful. Madison argues in favor of pluralism, the more factions there are the less likely tyranny will occur.
Federalist 51
In Federalist 51, James Madison acknowledges that a government will become tyrannical in the absence of checks and balances. “If men were angels, no government would be necessary…” Madison argued that the federal government was limited in the separation of powers between the 3 branches. The checks and balances embedded in each of the branches’ powers ensures that none of the branches can become tyrannical. Madison believes that federalism further protects the government from tyranny. He points out that the legislative branch is the most powerful and in itself is divided between 2 chambers. This goes to show that there are many checks in place to ensure the government does not over step its power.
Federalist 70
Alexander Hamilton argues that we need a strong unitary executive, especially during times of war. Hamilton referred to this power as “energy in the executive”. He says that the executive was created to act quickly and decisively while the legislature was created to be slow and deliberate. Having a weak or multiple leaders in the executive could jeopardize the US because it would allow too many dissenting opinions and slow down the decision process of the executive while also giving the executives the ability to pass blame onto the next person. Hamilton said that a unitary executive would be watched more closely and be held more accountable while a group would not.
Federalist 78
Alexander Hamilton believed that it was necessary for the judiciary to be independent from the other branches of government. The supreme court justices needed to have life tenure so they couldn’t be concerned with the opinions of others while making decisions. There are checks and balances in place because the justices could be impeached and removed in the case they were less than good behavior and they needed to be appointed by the president and approved by the senate. Hamilton points out that the judiciary branch is the weakest branch of the government because they are unable to make laws or enforce their decisions, they have no influence over the power of the sword or the purse. Federalist 78 also alluded to the idea of judicial review.
Letter from Birmingham Jail
In the Letter from Birmingham Jail, MLK Jr. responded to a plea by the whit clergy men to be patient and not to march. He explains the reasons why African Americans could no longer wait for changes to happen because “wait most always means never”. He says that it is one’s civil duty to perform civil disobedience. He noted that African Americans were being beaten by fellow civilians and police impurity without legal consequences. MLK also states that the oppressor won’t just give rights to the oppressed, but rather the rights must be taken back by the oppressed.
