Foundational Documents for Midterm Flashcards
The Declaration of Independence
Enlightenment document that espouses “natural rights” and lists colonies’ grievances against England
The Articles of Confederation
Weak founding document that provides for a loose confederation of states with a weak legislative branch and no executive branch or judicial branch
The Constitution of the United States
Strong founding document; provides large, strong federal government. Article I Congress; Article II the Executive, Article III the Judiciary.;
Federalist Papers No 10
James Madison addressed the dangers of factionalism and how to protect minority factions in a nation founded on majority rule. Madison argued that a large republic ensures multiple factions so as to avoid any one faction taking control, which could lead to a suppression of minority opinion
Argues that factions are bad but inevitable; A large, representative republic with a decentralized system of government can prevent majority factions assuming too much power
Federalist Papers No 51
James Madison argued that separation of powers and checks and balances would guarantee that no one faction would take total control of the national government. Also, separation of powers would make the national government more efficient, as each branch had specific responsibilities
Claims that separation of powers and checks and balances will curb tyranny
Federalist Papers No 70
Alexander Hamilton argued that the executive branch should consist of a single person, a president. Hamilton looked to the British monarchy as an example; the king had significant power but was checked by the House of Commons. Hamilton went a step further by proposing term limits as another check on the executive’s power
Argues for a powerful solitary executive
Federalist Papers No 78
Alexander Hamilton addressed Anti-Federalist critiques on the power of the federal judiciary by arguing that under the Constitution, the judicial branch would have the least amount of power. Even, so Hamilton reaffirmed that the Judicial Branch would have the power of judicial review, acting as a check on Congress.
Cites importance of independent judiciary; judges need life terms;
Brutus No 1
This was the first publication that began the series of essays known as the Federalist and Anti-Federalist Papers. In Brutus No 1, the anonymous author posed a series of questions about the critiques of the then proposed national government had too much power, a standing army could diminish liberty, and representatives would not truly represent the people.
Fears of overly strong federal government that will “possess absolute and uncontrollable power” including authority to commission a standing national army