AP Gov Required Docs

Declaration of Independence

Declaration of Independence

• written by Thomas Jefferson

• influenced by enlightenment thinking - “unalienable rights”

• purpose of govt is to protect natural rights of people who give them the power to do so “consent of the governed”

• government is a dynamic institution that changes to best suit the needs of the people

Federalist 10

• Madison wrote in the Federalist papers meant to convince public to ratify the constitution

• factions threaten democracy by wanting to overpower govt for their interests

• solution: destroy factions (depriving citizens of liberty) or controlling its effects

• republican govt is better to control factions than pure democracy

• large size pits factions against each other so natural competition will dilute the power of any one faction via compromise

Brutus 1

• part of the anti-federalist papers which argues for not ratifying the constitution

• argues against republican style govt for confederacy

• the necessary and proper clause gave too much power to Congress

• Supremacy clause also gave too much power

• will cause state govts to dwindle (ex: double taxing by federal govt will cause state govt to only be able to collect small amount)

• republic will not be able to accurately represent the people

Articles of Confederation

• confederation - multiple powers working together

• puts power in the hands of the states at expense of federal govt

• “Each state retains its sovereignty, freedom, and independence, and every power … which is not … expressly delegated to the United States”

• unicameral legislature - just congress (no houses), no executive or judicial

• required 9/13 (supermajority) to do anything

• to amend needs every state to confirm

• no power to raise military

US Constitution

• established republican govt (representative)

• stronger federal govt

Article I

• establishes the legislative branch and two house (bicameral) legislature composed of the senate and the house of reps; most important branch of the govt

• Section 8 - Congress has enumerated powers to raise and collect taxes, borrow money, coin money, declare war, raise and support armies, maintain a navy

• necessary and proper clause - Congress has power to make any law that is necessary and proper

Article II

• establishes the executive branch; election process and the enumerated powers

• commander in chief

• enforce and execute laws

Article III

• Establishes the power to set up federal courts aka judicial branch

• establishes Supreme Court - has appellate jurisdiction most of the time

• appellate - cannot hear a case for the first time

• original - can hear a case for the first time

Article IV

State relations - criminals cannot seek refuge in different states

Article V

the constitution can be amended via 2/3 vote for proposition by states or of Congress and then must be ratified by ¾ of state legislatures or ¾ of all conventions

Article VI

Supremacy Clause - federal law is the supreme law of the land

Article VII

constitution becomes law of the land when ratified by the 9 states

Federalist 51

• James Madison wrote

• separation of power and checks and balances prevents natural evil of man from destroying gov

• federalism is division of power between state and federal govt

• natural corruption and self interest is pit against each other effectively checking each individuals power

• for every branch to work the best, each must work as independently as possible

Federalist 70

• justifying need for single executive

• “energetic” leader is necessary to make decisions quickly compared to long process of Congress

• more solely responsible so less likely to act against the wishes of the people

Federalist 78

• federal judges have life tenure

• argued life tenure insulated the court from political appeasement for elections

• every judge wont have to relearn precedent because of cyclic elections

• courts are responsible for judicial review

Letter from a Birmingham Jail

• the equal protection clause supported and motivated social movements

• MLK Jr wrote after being arrested responding to the method of waiting for white people to accept black americans

• argues that waiting is not an option because freedom will not willingly be given unless the matter is pressing

1st amendment

protects freedom of religion, speech, press, assembly, and petition

2nd amendment

right to keep and bear arms

3rd amendment

protects against soldiers being quartered in citizens homes

4th amendment

protects against unreasonable search and seizures of personal property

5th amendment

deals with rights of the accused

6th amendment

explains process when a person is accused of a crime and what protections theyre entitled

7th amendment

guarantees right to trial by jury

8th amendment

protects against cruel and unusual punishment and excessive bail

9th amendment

exclusion of rights from aforementioned 8 doesnt mean those rights are unprotected

10th amendment

any powers not explicitly given by the constitution to the federal govt belong to states