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9 Terms
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The Articles of Confederation
POWER TO THE STATES unless specifically said otherwise
States wanted to maintain sovereignty/power, so they intentionally created a weak government that lacked the ability to tax.
First Constitution failed; no ability to tax; no President or Executive; no central government as each state maintained sovereignty; One vote per state in Congress; all states to change the doc.
"Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled."
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Declaration of Independence
natural rights, popular sovereignty, social contract are the foundation of governmental power.
"All men are created equal"
"People have unalienable rights: Life, Liberty, pursuit of happiness"
The purpose of government is to protect the inalienable rights - that is the social contract
The people form governments - popular sovereignty, people have power.
"That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,..."
Legislative Executive Judicial States Amendments Prior depts Ratification
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Federalist No. 10 (1787)
Factions are a threat to the republic because majority factions will tyrannize minorities.
WAYS TO CONTROL: stop them from forming (might destroy liberty) or limit their effects
Have a large republic to control the negative effects of factions
"As long as the reason of man continues to be fallible, and he is at liberty to exercise it, different opinions will be formed."
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The US Constitution
POWER TO FED GOV
legislative powers are given to congress
guarenteed bill of rights
bicameral legislature, enumerated powers of congress, necessary and proper clause, supremacy clause (fed law supreme)
Defines branches of government, process for amending constitution
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Brutus No. 1 (1787)
Constitution threatens states
Against ratifying constitution. Power should be held by the people, small local governments.
Argues that the necessary and proper and supremacy clause gives the fed gov. "Absolute and uncontrollable power"
Argues against the supremacy clause because states should be supreme to national gov
The power to tax is the "engine of tyranny"
standing armies can lead to the "destruction of liberty and freedom"
Prediction: the fed gov will destroy the state gov.
Small state/local level republic
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Federalist No. 51 (1788)
Separation of powers and checks and balances guards against tyranny; different powers given to state and fed (federalism)
"Ambition must be made to counteract ambition"
"If men were angles, no government would be necessary...you must first enable the government to control the governed.."
"Hence a double security arises to the rights of the people."
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Federalist No 78 (1788)
Independent judiciary - as long as well behaved, they serve for life and paid without interference from others so they can keep their focus on their job. Necessary to keep them independent and unreliant on popular will
"the courts were designed to be an intermediate body between the people and the legislature...to keep legislature within the limits assigned to their authority.
"neither force or will, merely judgement"
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Letter from a Birmingham Jail by MLK
Demand of the fulfillment of the declaration, constitution and 14th amendment equal protection clause or EVERYONE
In favor of civil disobedience and nonviolent direct action
"An unjust law is no law at all"
"Injustice anywhere is a threat to justice everywhere."
"We know through painful experience that freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed."
"Justice too long delayed is justice denied"
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14th Amendment
All persons born or naturalized in the US, and subject to the jurisdiction therof, are citizens of the US and of the state wherein they reside