Foundational Docs as Evidence

Federalist 10

• A strong, united republic would be more effective than the individual states at controlling “factions” 

• A large republic will help control factions because when more representatives are elected, there will be a greater number of opinions. Therefore, it is far less likely that there will be one majority oppressing the rest of the people.

Brutus I

• An Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution

• The immense power of the federal government requires the people to sacrifice their liberties

• A bill of rights was necessary to protect the people from the government

• Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause

• A free republic cannot exist in such a large territory as the United States

• Judicial authority will broaden federal gov’t’s power (thus, tyranny) 

Declaration of Independence

• All people created equal (Natural Rights of Life, Liberty, Property)

• Governments are created to protect these rights

• If Gov’t does not protect these rights, then the People have the duty to change/destroy

• Imperfect gov’ts should not be destroyed, only ones that seek to subject the People to Tyranny (destruction of Natural Rights)

AOC (Articles of Confederation)

• Confederation of states, with an extremely limited central government

• Limitations placed upon the central government rendered it ineffective at governing the continually growing American states

• Each state remains sovereign

• Unicameral legislature, each state one vote

• No President, No Judiciary

• Could not force taxation; No standing Army

Preamble of the Constitution

• Introduction stating the purpose of the Constitution

• Aims to form a more perfect union, establish justice, ensure domestic tranquility, provide for common defense, promote general welfare, and secure liberty

Article II

• Establishes the presidency and vice-presidency, their election, qualifications, and powers

• Presidential powers, including the role as Commander in Chief and power to make treaties and appointments.

• Duties of the president, including the State of the Union address and ensuring laws are executed

• Impeachment process for the President, Vice President, and other officials.

Article III

• Establishes the Supreme Court and other federal courts

• Defines the jurisdiction of the Supreme Court, federal courts, and their powers

• Defines treason and its punishment

Article IV

• Full faith and credit clause regarding states' public acts, records, and judicial proceedings.

• Rights of citizens within the states, including privileges and immunities, extradition between states, and fleeing from justice.

• Admission of new states and federal property.

• Guarantees a republican form of government and protection against invasion and domestic violence.

Article V, VI, VII

• Article V: Outlines the methods for amending the Constitution

• Article VI: Describes national debts, treaties, and engagements. Solidifies that the Constitution, federal laws, and treaties are the supreme law of the land and outlines the oath of office requirements; no religious tests

• Article VII: Details the procedure for ratification of the Constitution

Bill of Rights and other Amendments

• Amendments 1-8 are individual rights

• Amendment 9 states that rights not listed are NOT denied to the People

• Amendment 10 states that powers not given to the Federal Gov’t nor denied to the states are State Powers

Federalist 51

• Proposes a government broken into three branches: Executive, Legislative, and Judicial.

• Each branch should be self-sufficient, but each should have some kind of power over the other in order for them to keep each other from taking over the government

• The Legislative branch needs to be split further into the House of Representatives and the Senate because it's the most powerful branch, and members of the Judicial branch need to be chosen by the President with the Senate's approval because they want qualified candidates for a position that lasts for life

• This style of government also helps keep down the power of factions, a recurring theme from Federalist 10

Federalist 70

• Argues that unity in the executive branch is a main ingredient for both energy and safety. Energy arises from the proceedings of a single person, characterized by, "decision, activity, secrecy, and dispatch," while safety arises from the unitary executive's unconcealed accountability to the people.

• Justifies executive strength by claiming that the slow-moving Congress, a body designed for deliberation, will be best-balanced by a quick and decisive executive

• Also maintains that governmental balance can only be achieved if each branch of government (including the executive branch) has enough autonomous power such that tyranny of one branch over the others cannot occur

• Makes the case for duration, meaning a presidential term long enough to promote stability in the government

• Support can be defined as a presidential salary, which insulates government officials from corruption by attracting capable, honest men to office

Federalist 78

• As “the weakest of the three departments of power,” the Judiciary needs strengthening.

• Without an independent judiciary, any rights reserved to the people by the Constitution “would amount to nothing,” since the legislature cannot be relied upon to police itself

• Lifetime appointments, guaranteed “during good behavior” to insure that judges can resist encroachments from the legislature (to which presumably they would be vulnerable by means of bribes or threats)

A letter from Birmingham jail

• duty as a citizen of the state to protest against unfair circumstances (DOI relation)

• Why Protest? 

  • King explains that African Americans have waited too long for justice. Segregation laws are unjust, and direct action (like protests and sit-ins) is necessary to bring change 

• Just v Unjust Laws 

  • King argues that laws that uplift human dignity are just, while laws that degrade people (like segregation) are unjust. He says people have a moral responsibility to disobey unjust laws. 

• Disappointment with White moderate 

  • King criticizes white leaders who say they support civil rights but urge patience instead of action. He argues that waiting only prolongs injustice 

• The Role of the Church 

  • King expresses disappointment that many churches have not supported the civil rights movement. He believes churches should fight for justice rather than stay silent. 

• The Importance of Nonviolent Protest 

  • He emphasizes that nonviolence is the best way to fight injustice, following the example of figures like Jesus and Gandhi.

• Hope for the Future 

  • Despite setbacks, King remains hopeful that justice will prevail. He encourages people to continue fighting for freedom and equality. 

• Why is this letter important?

  • King’s letter became a defining moment in the civil rights movement, showing why peaceful protests were necessary and inspiring people to stand up against racial injustice. 

article I

• Establishes Congress with two houses: the Senate and the House of Representatives including details on membership, qualifications, the process of election and apportionment, and powers such as impeachment trials

• Outlines the times, places, and manner of holding elections and meetings, rules governing the operation and procedures of each House, and privileges and restrictions for members of Congress

• Procedures for making laws, including how bills become laws. Includes important key clauses to ensure a proper separation of powers and checks and balances system

• Enumerates the powers of Congress while placing limits on congressional and state powers. Also includes important key clauses to ensure a proper separation of powers and checks and balances system