Foundational Documents & Articles of the Constitution

Articles of Confederation

Outlined a unicameral, confederate-style government which strictly limited power to the states, meaning that the national legislature didn’t have the power to tax, form an army, regulate commerce– all of which resulted in an unstable economy and an ineffective government. This was later reformed at the Constitutional Convention.

Brutus No. 1

An Anti-Federalist essay arguing against a strong federal government/for power remaining in the states; claims that the Necessary and Proper Clause would give the government too much power, and that the Supremacy Clause would strengthen national rule far over state rule. Given the authority to tax and keep a rounded, standing army would threaten liberty. Having a very large government with many factions wouldn’t efficiently represent the will of the people.

Federalist No. 10

A counterargument to Brutus No. 1, which claims that the Constituion will control factions, which are inevitable. Despite being inevitable, since there are so many, and the decision comes down to popular vote, no single faction can dominate. A representative government is better than a pure democracy, since only the most educated would likely be elected.

Federalist No. 51

The separation of powers and checks and balances amongst the branches of government which are outlined in the Constitution prevent the abuse of power. The legislative branch will be the most powerful, but will be checked by the other branches (judicial and executive) and checked by the bicameral system (Senate and House of Representatives).

Federalist No. 70

A single executive can work quickly and efficiently to respond to crises, as a single person has more energy (easier to conduct as a single entity) and can be easily controlled.

Federalist No. 78

Outlines the importance of a strong federal judiciary, advocating the theory of judicial review (the power to rule a law as unconstitutional) and having life-term justices. It is the least dangerous branch because it must rely on other branches to carry out rulings, and lacks the power of the purse (control money and government spending) and the power of the sword (enforce laws and control militia).

Article I

Legislative Branch: Outlines bicameral legislature, their terms, qualifications, and powers, and establishes Necessary and Proper Clause that creates implied powers. Includes Commerce Clause, giving Congress the power to regulate commerce with foreign nations and states.

Article II

Executive Branch: Describes qualifications, terms, and powers of the president. Established the electoral college. Established the Vesting Clause which grants executive authority to the president, and their role.

Article III

Judicial Branch: Creates the Supreme Court, giving them the power to create federal courts, and outlines how federal judges serve a life-long term unless impeached.

Article IV

Relations Among States: Full Faith and Credit Clause outlines a mutual respect amongst states (such as records, unreasonable discrimination, etc.) and gives Congress the power to regulate the admission of a new state. 

Article V

Amendment Procedure: 2 Initial Procedures; 1.) ⅔ vote in both Senate and HOR 2.) ⅔ vote in a national convention called by the states. Finally, must be ratified through the approval of ¾ of states. 

Article VI

Debt, Supremacy, Oath: Accepts debt, estalished Supremacy Clause which makes Constitution and federal law the supreme law of the land, and an oath to support the Constitution.

Article VII

 Ratification: Outlines procedure for ratifying the Constitution.