1/8
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Declaration of Independence
Declared Independence from Britain – justification for “divorce”
Identified Natural Rights- Life, Liberty, Pursuit of Happiness and govt’s job to protect
them
Influenced heavily by John Locke
○ Consent of the Governed; Popular Sovereignty; Social Contract Theory
○ Limited Government
Articles of Confederation
Confederal Government (state sovereignty);
Weak- Congress not given many powers to prevent tyranny
Unicameral Legislature
○ Each State = 1 vote; 9/13 votes needed to pass laws
No Executive/ No Judicial (cannot settle interstate disputes); no power to tax citizens
No power to raise an army
US constitution
Preamble outlines job of government: We the People [popular sovereignty; consent of the governed] of the
United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for
the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and
our Posterity, do ordain and establish this Constitution for the United States of America.
Outlines the structure of the government [republic; federalism]
Three branches of government [separation of power; checks and balances]
Relationships between states [extradition clause; privileges and immunities; full faith and credit clause]
Amendment process? [Article V] Proposed by Congress or Convention, ratified by 3⁄4 state legislatures
Fed 10
Factions are inevitable – cannot destroy them, so must manage them
Large Republic is the best form of government to address factions – too difficult for
any one faction to gain power; less likely for corruption
Pluralism – many factions competing for influence leads to only the best ideas being
enacted
Prevents tyranny of the majority
Views of the people will be “refined and enlarged” by their elected representatives
Brutus 1
Constitution gives too much power to central government
○ Necessary and Proper Clause (Elastic Clause) is a blank check to Congress
○ Supremacy Clause – state governments will be obsolete; impotent
○ Too large a country for Congress to represent local concerns; ineffective
because too many views (factions) to form consensus
Can do away with State Governments
Standing Army in peacetime is a destruction of liberty
Once you give up power the only way to get it back is by force
Fed 51
Power is divided between :
○ three branches of government, each w/ little control over the other
○ national & state government; House and Senate are divided & elected in
different ways (back then)
Checks and Balances – Gov’t must be powerful enough to control the people, but also
to control itself – separate but equal powers
All keep power from becoming too centralized- prevent one person/ one group from
taking over the government
“If men were angels, no government would be necessary”
Fed 70
Argues for a single, “energetic” executive (president)
○ President must be a single person; having a dual executive or a committee will
lead to confusion, disagreement, and inability to act decisively
○ Debate and disagreement are good for Congress, poison for the president.
President needs to be able to act quickly and decisively to respond to crises
Having a single president makes the executive easily accountable; multiple presidents
= finger pointing and shifting blame
Fed 78
“Least dangerous branch” – cannot enforce its decisions (no influence over “sword or
purse”)
Judiciary must be independent; life terms ensure justices are (otherwise they will be
beholden to their appointers); qualified men won’t do the job if it is temporary
Judicial review – job is to interpret the Constitution
letter from birmingham jail
Justice delayed is justice denied; Injustice anywhere is a threat to justice everywhere
All people should be treated the same under the law (14th Amendment Equal
Protection Clause)
Nonviolent direct action seeks to create an urgency for legislative action