AP Gov't & Politics: Documents

Declaration of Independence

• Major Themes: democracy, natural, inalienable rights, social contract

  • Idea behind DOI is that rights are self evident, and thus inalienable (— john locke)

  • Govt is formed on a basis of a social contract, where people give governments the ability to rule over them, and that people should replace govts if they violate their natural rights ( social contract — rousseau)

• DOI has 5 parts

  • Preamble: sets background for illegitimacy of british government 

  • Definition of natural rights 

  • Grievances against the king 

  • Separation of the colonies from GB

Federalist No. 10 (Madison)

• Major themes: faction + dangers of faction

• Offers two ways to cure faction

  • 1.  Remove faction 

    • Not an option, as the only way to remove faction is to destroy liberty

  • 2. Control effects of faction 

    • If the faction is a minority, then democracy will take care of it 

    • If the faction is a majority 

      • 1. In a Republic representatives are going to seek the public good 

      • 2. A large republic — a large republic means that factions can’t take over the whole thing (dilution of power)

Federalist No. 51 (Madison)

• Major Themes: Separation of Powers, Institutions of Federal Govt

• “If men were angels, there would be no need for government”

• madison wants a strong central government but also to protect liberty 

  • Does this by dividing and diluting power: 

    • Fed govt in 3 branches 

    • Everyone elected, not judges bc we want them to be independent 

    • Legislature (most powerful), divided into 2 

  • Institute checks and balances

    • No power that is unchecked of the three branches 

Brutus No. 1

• Themes: issues with the constitution

• Argues

  • US is too large for a republic -- can’t govern with that much territory 

  • Also argue that reps in congress will not relinquish power

  • Central govt is too strong, states become overwhelmed (implied, not explicitly stated)

Articles of Confederation and Perpetual Union

• Provisions

  • Confederal congress was unicameral (one house)

    • Representatives were elected, but each state had only one vote 

      • Needed 9/13 votes to pass legislation (need a supermajority)

      • Needed a unanimous vote to change/amend the articles of confederation

    • No executive or judiciary branch

• Powers of the AoC (nat. govt):

  • Declare war & peace 

  • Raise an army (not a standing army)

  • Post office 

  • Coin money 

• Weaknesses

  • Power to raise an army and navy, but couldn’t pay for the military 

  • No ability to tax, had to ask states for money, and they usually refused

  • Printed worthless currency to pay off its debts 

  • Unable to regulate trade 

  • States held sovereignty, made foreign policy hard

  • Foreign countries take advantage of US weakness

  • no revisions because of the need for a unanimous vote

  • No independent judiciary branch, and no way to enforce its decisions

US Constitution (Article I)

• legislative branch

• Congress is divided into senate and house

  • Minimum age for a senator is 30, minimum age for a house member for 25

  • Senate is equal representation, house is proportional representation

  • Senators serve 6-year terms (which overlap); house members serve 2 year terms 

• Senators elected by state legislatures (OG constitution)

• House members directly elected 

• senate is meant to check the “passions” of the house (the “peoples house”)

• article I, Section 8 (elastic/necessary and proper clause)

  • whatever is necessary and proper to carry out the duties of congress

• also holds the commerce clause (congress can regulate interstate commerce)

US Constitution (article II)

• executive branch

• President

  • has to be at least 35 years 

  • a natural born citizen

• powers

  • Commander in chief of the army and navy 

  • Appointment powers (appointing judges, cabinet ministers, bureaucracy heads)

  • also holds inherent powers

US Constitution (Article III)

• judicial branch

• Supreme court justices serve as long as they are on good behavior (lifetime appointments, barring impeachment)

• Powers of the supreme court

  • Judicial review -- not specified in the constitution, but specified through marbury v. madison 

• intended to be independent, not to rely on politicians, people, etc.

US Constitution (Article IV)

• federalism

• relationship between national government and states

• Full faith and credit clause

  • Each state has to recognize acts, records, and court proceedings of other states 

• Extradition clause: court judgements are more respected than the laws of another state 

• Privileges and immunities clause: states can not discriminate against you if you come from another state 

US Constitution (Article V)

• amendment process

• Proposal 

  • ⅔ vote in each house of congress 

  • ⅔ of states request a national convention (*never used; usually only if states want a proposal that’s not happening in congress)

• Ratification 

  • ¾ of state legislatures ratify the amendment (*26/27 times) 

  • ¾ of state conventions (*used for prohibition, better if we want a direct vote from the people)

• Amendment process is purposely difficult 

US Constitution (Article VI)

• Constitution, federal laws, and treaties are supreme law of the land

• supremacy clause

US Constitution (Article VII)

• Const needs to be ratified to be the law of the land 

  • Sets up ratification process as 9/13 need to say yes, and therefore becomes the new law of the land 

• Not be ratified in state legislatures, but in state conventions 

Bill of Rights (First Amendment)

• freedom of religion

  • establishment clause

  • free exercise clause

• freedom of speech

• freedom of press

  • no prior restraint

• freedom to assemble

• freedom to petition

Bill of Rights (Second Amendment)

• “a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms will not be infringed” 

  • right to bear arms, but controversial whether that is contingent to the need for a militia, or for every citizen in general

Bill of Rights (Third Amendment)

• no quartering of soldiers if not wartime

Bill of Rights (Fourth Amendment)

• no unreasonable searches or seizures

Bill of Rights (Fifth Amendment)

• Protection of an indictment: grand jury needs to decide if there is enough evidence to turn an indictment into a trial (rarely does grand jury say no)

• Double jeopardy clause: you can not be tried for the same crime twice, after having been acquitted the first time 

• Self incrimination: you don’t have to give any evidence against yourself 

• Due Process clause: life, liberty, and property can not be taken without due process of law

  • Doctrine of eminent domain means govt can take property, just with just compensation (takings clause)

Bill of Rights (Sixth Amendment)

• Right to counsel 

• Right to impartial jury 

Bill of Rights (Seventh Amendment)

• jury trial in a federal court if the suit is above a certain dollar value

Bill of Rights (Eighth Amendment)

• No excessive bail or fines

• No cruel and unusual punishments 

Bill of Rights (Ninth Amendment)

• rights exist, other than that which are listed in the constitution

Bill of Rights (Tenth Amendment)

• delegated powers, powers delegated to only the federal government

• reserved powers, powers reserved to only the states

• concurrent powers, powers shared by the states and federal government

Bill of Rights (Thirteenth Amendment)

• Ended slavery in 1865

Bill of Rights (Fourteenth Amendment)

• All former slaves would be guaranteed citizenship (now applied to illegal immigration)

  • Any person born or naturalized in the US is subject to jurisdiction of the US & is a citizen of the US 

• Due process clause: “Not shall any state deprive any person of life, liberty, or property without due process of law” 

• equal protection clause: “Nor deny to any person within its jurisdiction the equal protection of the laws”

Bill of Rights (Fifteenth Amendment)

• Right to vote for newly freed african americans

Bill of Rights (Sixteenth Amendment)

• Establishes a federal income tax

Bill of Rights (Seventeenth Amendment)

• Direct election of senators

Bill of Rights (Twenty-Second Amendment)

• limit at 2 terms, 10 years maximum for a president

Bill of Rights (Twenty-Fifth Amendment)

• when there is a vacancy in the vice-presidency, the president selects a new president, and congress needs to approve with a majority vote

• Section 3 allows for a President going under medical procedure to voluntarily give the VP temporary acting president powers. 

• section 4 allows for the forcible removal of a President

  • VP and majority of the cabinet have to agree

  • congress needs to say president can’t fulfill their duties

Bill of Rights (Twelfth Amendment)

• president and vice president are elected together (not that whoever comes second in electoral college can be president)

Federalist No.70 (Hamilton)

• Themes: executive branch, presidency

• Hamilton believed in an “energetic president”, wanted someone to combat faction, anarchy, and protect civil liberties 

• checks on the power of a president, such as censures, and senate + house can impeach 

• defends having one president, as a force of unity, while 2 presidents cause conflict

Federalist No. 78 (Hamilton)

• Themes: Judiciary, Judicial Review

• “The least dangerous branch”

• Judicial Review

  • The ability of the SC to declare laws unconstitutional

  • assumed by framers to be a power of the court