Required Documents Flashcards
Declaration of Independence
Philosophical Basis
- John Locke –> natural rights of life. liberty, and the pursuit of happiness
- “unalienable rights” are the cornerstone of natural rights
- limited government is made as a result
- receive powers by the consent of the governed –> social
contract, popular sovereignty
Grievances
- What Britain did wrong, led to reasoning for drastic change
- ex. forced quartering of British soldiers, taxation without representation
- if you’re going to break it off with Britain, you should at least tell them why
The Statement of Separation
- it is not only the right but the duty of the colonists to change the government
- why not just start a revolution/send the latter privately?
1) rally the troops to fight at home
2) secure foreign allies
- the outcome of the revolution was not certain but the people had the desire for
freedom and experienced leadership
- societal structure did not reflect equality, these natural rights were implied to be for
white men, not minorities
Federalist No. 10
- How will the new Constitution protect the liberty of citizens against the tyranny of the majority? (factions)
- factions –> a group of citizens that want to dominate the government so that they might impose their own interests on the whole society
- how to combat the issue
- stop factions from forming but this is impossible without destroying liberty
- limit the effects of factions
- separation of powers with three branches of government and division of
government on federal and state level would provide enough governmental
protection and regulation of those interests
- as more people are added to the nation, more interests and parties are created which
makes the power of factions diluted bc there are so many and less chance the majority
of the whole will revolt - competition in factions results in compromise to pass legislation that considers the
common good of the people and not just the interest of one group
Brutus No. 1
- Argues against the ratification of the Constitution
- hates 2 clauses:
- necessary and proper, and supremacy clause (fed govt laws have more power than
state laws which will make state governments powerless)
- necessary and proper, and supremacy clause (fed govt laws have more power than
- how will states collect taxes if the federal government also collects taxes, if the federal
government collects them there is only so little that states can collect that citizens will
tolerate but without taxes, states will die - if federal courts are superior to state courts, state courts become obsolete
- They can’t represent everyone, people won’t know their representatives as well and lose confidence in them, also it would be difficult to reverse decisions of their representatives
- the government would take away people’s liberty
- advocated for a Bill of Rights to be included in the Constitution
Articles of Confederation
- confederation –> a form of government in which several powers unite to fomr a central power
- most of the power went to the states, the central government was very weak
- ex. couldn’t tax states so they had to borrow but states refused, couldn’t raise an
army
- ex. couldn’t tax states so they had to borrow but states refused, couldn’t raise an
- central government was one branch and it was legislative (one house congress)
- no amendments could be made unless every state agreed
- prime reason for making a central government was to do business with foreign
countries - states could impose tariffs on each other and even make new currency, they just had too much power
- wanted to avoid tyranny like Britain
The Constitution
- Established a republican style government in contrast to the confederacy by the AOC
- gives central bank much more power to fix issues in AOC
- article I –> legislative
- gives law making powers
- bicameral –> 2 houses (senate and house)
- necessary an proper clause –> congress can make all laws that are necessary and
proper for executing their powers vested to them in the Constitution
- article II –> executive
- electing president by electoral college
- president’s main role is to execute/enforce the laws made by congress
- article III –> judicial
- 1 federal Supreme Court and gives Congress the authority to establish other courts
- jurisdiction –> what kind of disputes are in the realm of the court’s power to decide
- original jurisdiction –> court hears the case for the first time, applies to cases with
ambassadors, public ministers, and states as parties - appellate jurisdiction –> cases that SC looks at from other courts, applies to
everything else
- original jurisdiction –> court hears the case for the first time, applies to cases with
- article IV
- federal govt.’s relationship to the states and the relationships of the states
themselves
- federal govt.’s relationship to the states and the relationships of the states
- article V
- process for making amendments
- to propose 2/3 of both houses of congress or 2/3 of state legislatures propose
- to ratify 3/4 of states must agree
- process for making amendments
- Bill of Rights
- outlines specific individual liberties that the federal government cannot take away or
trample on
- outlines specific individual liberties that the federal government cannot take away or
The Constitution
- Established a republican style government in contrast to the confederacy by the AOC
- gives central bank much more power to fix issues in AOC
- article I –> legislative
- gives law making powers
- bicameral –> 2 houses (senate and house)
- necessary an proper clause –> congress can make all laws that are necessary and
proper for executing their powers vested to them in the Constitution
- article II –> executive
- electing president by electoral college
- president’s main role is to execute/enforce the laws made by congress
- article III –> judicial
- 1 federal Supreme Court and gives Congress the authority to establish other courts
- jurisdiction –> what kind of disputes are in the realm of the court’s power to decide
Federalist No. 70
- justify the need for a single executive
- must have energy –> act quickly and decisively (independent)
- provides unity
- more executives would have less energy, they won’t be able to decide and think
quickly, it shouldn’t be like congress because they don’t have to make a lot of quick
decisions - if people disagree with certain executives and take one side over the other, it would
create factions that may be stronger
- more executives would have less energy, they won’t be able to decide and think
- responsibility
- if there is power abused and there are several executives, it is almost impossible to
find out which one is at fault and therefore should be held accountable - if there is only one president, we automatically know who the blame goes to.
- if there is power abused and there are several executives, it is almost impossible to
Federalist No. 78
- focuses on the judicial branch
- lifelong appointment for SC judges as long as they have good behavior
- appointed by the president
- allows for judges to make decisions impartially without worrying about having to
gain public approval for a reelection - contributes to the branch’s independence
- it take a lot to learn to be a SC judge so if they’re just switching them out every few
years, more people who are not as qualified for the job will end up getting them
- allows for judges to make decisions impartially without worrying about having to
- advocates for the power of judicial review
- up to the judicial branch to decide if a law passed by congress is constitutional or
not and if not the law is deemed null and void
-criticism –> thats too much power- response –> not its not because laws that are unconstitutional are already null
and void because unconstitutional acts cannot be binding on citizens
- response –> not its not because laws that are unconstitutional are already null
- up to the judicial branch to decide if a law passed by congress is constitutional or
- power of the people are superior to both legislative and judicial branch
Letter from Birmingham Jail
- How the equal protections clause of the 14th amendment supported and motivated social movements (in this case the civil rights movement)
- a white clergy criticized King’s protests, saying that black people just need to wait for
the white people work through the courts and legislature - King’s response:
- nonviolent direct action is effective bc it creates such a crisis and tension that a
community that doesn’t want to negotiate now has to bc the issue can no longer be
ignored (meaningful negotiation won’t happen unless a crisis raises its stakes)
- nonviolent direct action is effective bc it creates such a crisis and tension that a
- freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed
- wait means possibly never, white people are comfortable saying wait bc they haven’t
dealt with racism before. - justice too long delayed is justice denied
- disappointed in the white clergy not because of their racism but because of their
devotion to order over justice. At least with the KKK you knew their stance and how
they felt. - black people have thrived despite all of the hardships like slavery so they will certainly
succeed in overcoming this oppression