9 Required Foundational Documents

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9 Terms

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The Declaration of Independence

Written by Thomas Jefferson in 1776, formally separated the American colonies from Britain. It argues that all people have natural rights, life, liberty, and the pursuit of happiness and that the government derives its power from the people. If a government becomes oppressive, the people have the right to overthrow it. The document was influenced by Enlightenment ideas, particularly John Locke’s social contract theory.

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Articles of Confederation

Established the first U.S. government but created a weak national government with no power to tax or regulate commerce. Congress had no executive or judicial branch, making it difficult to enforce laws. This unfortunately led to the uprising of angry farmers, known as the “Shays Rebellion” (1786) which exposed these weaknesses, leading to the Constitutional Convention. The Articles were replaced by the U.S. Constitution in 1789

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U.S. Constitution,

Established a stronger federal government with three branches, legislative, executive, and judicial, each with checks and balances. It allowed the national government to tax, regulate, commerce, and maintain a military. The bill of Rights was later added to protect individual freedoms. The Constitution remains the supreme law of the United States.

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Federalist 10

James Madison argued that factions (groups with competing interests) are unavoidable in a free society. However, a large Republic with many diverse groups and elected Representatives can help control their effects by preventing any one faction from gaining too much power. This essay support the ratification of the Constitution and defended the need for a strong central government to manage

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Brutus No.1

An Anti-Federalist paper, warned that a strong national government would erode state power and individual rights. It criticized the Necessary and Proper Clause and the Supremacy Clause for giving Congress too much power. Brutus argued that a large Republic would become tyrannical and unresponsive to the people. Therefore advocating for a smaller, decentralized government instead.

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Federalist No.51

James Madison wrote that separation of powers and checks and balances are necessary to prevent any one branch from becoming too powerful. Each are necessary to prevent any one branch from becoming to powerful. Each branch (legislative, executive, and judicial) must have independent powers and be able to check the others. Madison argued that because men are not angels, government must be structured to control both the governed and itself.

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Federalist No.70

Alexander Hamilton argued for a strong executive and said that an energetic and decisive president is essential for effective government. A single executive ensures accountability, decision making, and the ability to respond to crises. He believed a weak executive would lead to inefficiency and instability, advocating for a strong presidency to enforce laws and protect national interests.

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Federalist No.78

Alexander Hamilton defended an independent judiciary with lifetime appointments to protect against political pressure. He argued that the judiciary is the “least dangerous” branch because it lacks the power of the purse (tax) and the power of the sword (enforcing laws) and relies on the executive to carry out rulings. This essay lead to the idea of Judaical review, which was later established in Mary v. Madison (1803)

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Letter from Birmingham Jail

Written in 1963 by Martin Luther King Jr, who responded to the white clergy who criticized King;s protests against segregation. King argued that civil disobedience is necessary against unjust laws and that “justice to long delayed is justice denied”, He invoked the Declaration of Independence and the Constitution to justify his fight for racial equality.