AP U.S Government & Politics: Foundational Documents and Amendments

The Declaration of Independence

• Preamble: 

• Explains the reasoning behind why the colonists want to be free from British rule. Establishes that all men are created equal, that people have unalienable rights to life, liberty, and the pursuit of happiness. Governments are given their power by the consent of the people to be governed (social contract)

• Declaration of Natural Rights

• Unalienable rights (rights like life, liberty, and the pursuit of happiness, not granted by the government, but by one’s natural rights)

• Equality

• Consent to be governed

• Right to revolution

• Sovereignty (the colonies were free and independent states, able to conclude peace, levy war, and contract alliances)

• List of Grievances

• A list of 27 different grievances against King George the II and his tyrannical rule. Major grievances included tyranny, the heavy taxes that were imposed, quartering troops, and limiting trade

• Resolution of Independence

• The final paragraph, the official disbandment of the 13 colonies from British rule is established, deeming them as “Free and Independent States”

The Articles of Confederation (1781)

• A document that acts as apredecessor of the Constitution, prioritizing state sovereignty over a strong, federal government. Shays Rebellion highlighted the instability of this type of government, prompting the Constitutional Convention

• Unicameral legislature, no executive or judiciary branches, no taxes or regulations on commerce. There was a lack of legal enforcement and in order to pass an amendment, the agreement had to be unanimous.

Shays Rebellion (1786-1787): armed revolution in Massachusetts against debt. Exposed the weakness of the  national government under this document.

The Constitution of the United States (1787)

the document that is the supreme law of the U.S. that creates political institutions, assigns/divides government powers, and guarantees citizen rights. It establishes a framework of limited government, separating powers among three branches and establishing a federal system to balance authority, replacing the Articles of Confederation

Preamble (Constitution)

An introduction to the purpose of the Constitution, establishing that it was brought forth by the People to express their concerns with British rule.

"We the People 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."

Article I of the Constitution

• Establishes the legislative branch (Congress), bicameral legislature (House and Senate),

• Legislative powers between the House of Representatives and Senate

• House members get reelected every 2 years, Senate every 6 years.

• How bills are passed and the president's ability to veto a bill.

• Enumerated powers 

• Necessary and Proper Clause: all laws created must be necessary and proper for carrying out enumerated powers

• Limits Congress powers and establishes state restrictions.

• Commerce Clause: the congress has power to regulate interstate commerce, international commerce, and Indians

Article II of the Constitution

• Establishes the executive branch, the presidency (its powers and qualifications)

• Presidential offices, 4 year terms, and the Electoral College

• Presidential powers and responsibilities

• Impeachment

Article III of the Constitution

• Establishes the judicial branch, SCOTUS, and empowering Congress to establish lower level Courts

• Judges have life tenure and jurisdiction

1st Amendment

Freedom of speech, religion, press, and assembly

2nd Amendment

The right to keep and bear arms

3rd Amendment

Restricts quartering of soldiers in homes without consent

4th Amendment

No unreasonable searches or seizures without warrant that proves probable cause

5th Amendment

Rights to due process, and no double jeopardy

6th Amendment

Guarantees the right to a speedy and public trial

7th Amendment

Right to a jury in civil cases

8th Amendment

No cruel or unusual punishments, excessive fines, and bails.

9th Amendment

Protects rights that are not included in the Constitution

10th Amendment

Reserves Powers not given to the federal government to the states and the people

13th Amendment

Officially abolished slavery

14th Amendment

Grants citizenship to all people born/naturalized in the states, including enslaved individuals. Extended constitutional laws to the states and prohibits due process and equal protection to be denied by states

15th Amendment

Prohibits federal government from denying citizens the right to vote based on race.

17th Amendment

established direct election of U.S senators by popular vote rather than state legislatures choosing them.

19th Amendment

Prohibits federal government to deny a citizen the right to vote based off of s*x

22nd Amendment

limits the president to serving a maximum of 2 terms in office

24th Amendment

prohibited the use of poll taxes in federal elections

26th Amendment

lowered the official voting age from 21 to 18

Federalist #10

• James Madison

• Defined the problem of factions, that they are unable to be avoided due to the “nature of man”. Factions most commonly led to unequal distribution of property.

• Removing the causes of factions is not a possible solution as it requires either the removal of liberty or having each citizen share the same opinions.

• Controlling the effects of factions is the only solution. Minority factions are dealt with by the majority simply outvoting them, and majority factions cannot be dealt with in a “pure democracy”.

• Madison favors a republic over a pure democracy. Representatives in a Republic can “refine and enlarge” the public's opinions and can cover large amounts of territory as opposed to a pure democracy.

• Opposing his argument, Madison believed that the large number of factions in a diverse republic can make it difficult for the republic to represent a majority’s belief.

Brutus #1

• Robert Yates

• Foundational Anti-Federalist government that opposed the U.S Constitution. Favored a small republic as opposed to a big one in fears that it would turn tyrannical, create a detached, monarch-like leader, and get rid of individual freedoms.

• Warned about the dangers of a large republic by stating that one cannot effectively represent the people's interests as the representatives will be to distant to effectively represent their beliefs.

• Believed that the Necessary and Proper Clause and the Supremacy Clause would eventually lead to the demolition of state-level government.

• Too much taxing power is given in the Constitution, which can lead to tyranny

• Believes that freedoms are better protected in small republics, as citizens know their leaders

Federalist #51

• James Madison

• Argues that the structure of the Constitution prevents the rise of tyranny with separation of power, checks and balances, and federalism.

• Because men are not “angels”, government is necessary in a society, however the government has to yield control over itself.

• To prevent one branch of government from becoming too powerful, constitutional means and personal motives are given to each branch.

• Each branch will have their own agenda, will, and independence from others as possible (separation of powers)

• Checks and balances such as presidential vetoes and judicial review in order to restrain other branches.

• The legislative branch is split into two houses (House of Representatives and Congress; bicameral) to prevent it, arguably the strongest branch, from becoming too powerful

• Federalism at each level of government protects liberties

• A large republic prevents tyranny of the majority as there are many competing beliefs.

Federalist #70

• Alexander Hamilton

• Argued for a unitary executive as opposed to a plural executive council. A single, “energetic” executive figure is needed for protection, enforcing liberty, and a steady administration of laws

• A single executive figure can act with more "decision, activity, secrecy, and dispatch" than a group.

• Longer ( four year) terms lead to the executive figure acting more adequately.

• The executive figure must have enough constitutional power to carry out their duties

• A group of executive figures make it easy to shift blame and act irresponsibly, as one executive figure is held more accountable.

• Legislative powers must have numerous people involved while the executive should have a singular figure in order to act quickly during times of emergency and decisively.

Federalist #78

• Alexander Hamilton

• Outlines the structure and necessity of a judicial branch

• The judiciary  is the least dangerous branch. It does not have a “sword”, as it does not command the military, or a “purse”, as it does not deal with taxes or budget.

• The only thing the judiciary contains is “judgment’, as it relies on the other branches to enforce its rulings

• Judges have life tenure as long as they display good behavior. This is so judges have judicial independence (president and congress cannot impact their decisions) and expertise.

• Establishes judicial review as the judicial branches main check on the legislative branch, as they are able to deem legislation “null and void” if they contradict the Constitution.

• An independent judiciary is essential to protect the minority from the majority passing laws that can oppress them

Letter From a Birmingham Jail

• How the Equal Protection Clause supports and motivates social movements

• Letter acts as an example of how social movements utilize the clause to demand policy changes

• Defines “Just” (moral) and “unjust”(immoral) laws and claims citizens have a moral responsibility to disobey unjust laws.

• Defends non-violent, direct action as a way to confront a previously ignored issue.

• He refutes the white clergyman's suggestion to wait, as justice has to be demanded by the oppressed j as the oppressor will not offer it.

• Injustice anywhere is a threat to justice everywhere

• White moderates are more of an obstacle than outright racists

• A social movement is built on 4 steps: Collection of facts, Negotiation, Self purification (understanding the consequences), and Direct action.

• Martin Luther King Jr.

Article IV of the Constitution

Full Faith and Credit Clause,

deals with relations between states and other states and states and federal government.

Requires citizens to be equally across state lines

Article V of the Constitution

This article describes and defines the amendment process

2/3’s of Congress or national convention to propose an amendment

3/4’s of state legislature or state conventions to ratify and amendment.

Article VI of the Constitution

Contains the Supremacy Clause deciding that the Constitution is the law of the land and establishes federal Supremacy over state authority

Article VII of the Constitution

establishes that ratification by conventions in nine of the thirteen states was sufficient to make the Constitution the official law of the land among the states that approved it