AP Gov: Foundational Documents - Brutus 1 Study Guide

What is Brutus 1?

The first of the major Anti-Federalist documents written in opposition to the ratification of the U.S. Constitution.

What is the core question presented at the beginning of Brutus 1?

Whether a confederated government is best for the U.S., or if the 13 states should be reduced into one great republic governed by one executive, legislature, and judiciary.

Which form of government does Brutus 1 advocate for?

A confederacy of thirteen independent states under a supreme federal head with control for certain defined national purposes only.

Where is the Necessary and Proper Clause located in the Constitution?

Article I, Section VIII (Article 1, Section 8).

What does the Necessary and Proper Clause allow Congress to do?

To make any law which shall be necessary and proper to the execution of its enumerated powers.

Where is the Supremacy Clause located in the Constitution?

Article VI (Article 6).

What is the main function of the Supremacy Clause?

It establishes that federal laws and the Constitution take precedence over state laws and state constitutions.

Why does Brutus argue state governments will become nullified and void?

Because the combination of the Necessary and Proper Clause and Supremacy Clause allows the federal government to execute any power without needing state intervention.

What will happen to powers reserved for individual states according to Brutus?

They will very soon be annihilated, leaving state governments barely necessary except to organize the general (federal) government.

Why is the power to lay and collect taxes considered the most important granted to government?

Because tax authority connects with almost all other powers and provides the funds necessary for a government to operate.

What problem does Brutus foresee regarding federal vs. state taxation?

Citizens can only pay a small amount of direct taxes; when the federal government exercises full taxation rights, states will be unable to raise money and will dwindle away.

What warning does Brutus give about over-taxing citizens?

If any government taxes too heavily, citizens will grow weary of the taxation and throw the government off.

How will the creation of federal courts affect state court systems according to Brutus 1?

Federal courts will trump state courts, making state judicial systems obsolete and unnecessary over time.

Which Enlightenment philosopher does Brutus quote regarding the ideal territory size for a republic?

Baron de Montesquieu ("It is natural to a republic to have only a small territory, otherwise it cannot long subsist.").

Why does Brutus believe effective representation is impossible in a large nation?

A large country cannot elect a representative body big enough to speak the people's true sentiments without being too numerous to conduct public business.

According to Brutus, how do citizens build confidence in their rulers in a free republic?

By knowing their leaders directly, seeing them held responsible for their conduct, and having the power to displace them when they misbehave.

Why will citizens in a large continental republic lose trust in their government?

They will be unacquainted with their distant rulers, know little of public proceedings, and find it extremely difficult to change or remove misbehaving officials.