AP Gov Foundational Documents

Declaration of Independence

Declaration of Independence

On July 4th, 1776, 56 Founding Fathers signed off on the document and it was sent to the British to declare the U.S. and independent nation. Within the document, the reasons why the 13 colonies are declaring independence are stated, and the main points of the U.S. political ideology were established. Thomas Jefferson drew upon the Enlightenment ideas of natural rights, popular sovereignty, and the social contract.

Federalist No. 10

James Madison believed that, if left unchecked, factions could begin swaying the government and oppressing other citizens in their pursuit of their interests. So, he believed it necessary that the U.S. establish a large republic to effectively protect the rights of the people and minimize the power of factions. A larger republic would mean a larger general public that factions would struggle to extend their reach to.

Brutus No. 1

Anti-federalists claim that in the presence of the Necessary and Proper Clause and the Supremacy Clause, the authority of the state governments will become obsolete. In addition, they argue that a republic in a country as big and populous as the United States would be incapable of accurately representing every individual.

Articles of Confederation

The founders and the general public still feared the power of the British Monarchy, so the Articles of Confederation were written, under which the U.S. operated with an incredibly weak federal Congress and most of the power instead going to the states. It created a union of sovereign states, with an assembly of delegates acting on behalf of the state they represented. Congress had no power to enforce its laws, had no power to tax, and had no power to regulate commerce. There were also no executive or judicial branches.

U.S. Constitution

It replaced the Articles of Confederation as the governing document of the United States, and in doing so transferred more power into the hands of the federal government. However, in order to keep that power in its proper bounds, it created three branches of government which operate independently from one another, but which can also check the power of the others through a system of checks and balances.

Federalist No. 51

James Madison believed that, in order to keep the federal government centralized, its power should be divided up between different branches. Humans are naturally selfish, so controls must be put in place to prevent this selfishness from controlling the government before the government can ever be allowed to control the governed. The division of the government into distinct, separate departments protects power from accumulating in the hands of any select few people. The different branches keep each other in check, so the collective federal government checks itself. Power is further divided between the federal government and the state governments, a system called federalism. Then Madison finishes the argument by showing how such separation of powers will protect citizens from the tyranny of factions.

Federalist No. 70

Alexander Hamilton argues for the importance of a singular executive because a singular president would be energetic: they could act quickly and decisively. With more executives, the energy of the office will diminish, so the ability of the executives to carry out the function of the office would also diminish. This inaction would be dangerous in the face of a national emergency. In addition, it is easier to hold one man responsible if the executive is found abusing its power. With multiple executives, it is much easier to deflect faults and destroy responsibility.

Federalist No. 78

Alexander Hamilton argues for the lifetime appointment of Supreme Court justices. He claims that serving a life tenure is a necessity in keeping this branch of the government as independent as possible. Lifetime appointments make it possible for judges to rule with impartiality and not have to worry about policing the people for the sake of re-election. Without the threat of a re-election and the possible loss of their position, the judges are protected from party and social pressure. They can make decisions without worrying about appealing to a certain group, which allows them to remain unbiased. Additionally, Hamilton argues that the chief power the Supreme Court is the power of judicial review, which does not make it more powerful than the legislative branch, but instead balances and checks it.

Letter from a Birmingham Jail