Foundational Documents

A review of characteristics of the foundational documents of the US government

Federalist 10 course theme

Federalism

Federalist 51 course theme

Checks and balances

Federalist 78 course theme

Power in democracy, checks and balances

14th Amendment course theme

Federalism, individual liberty vs. public safety

Bill of Rights course theme

Individual liberty and public safety

Federalist 70 course theme

Checks and balances

Articles of Confederation course theme

Power in democracy

Letter from a Birmingham Jail course theme

Power in democracy

Declaration of Independence course theme

Power in democracy

Brutus 1 course theme

Federalism, power in democracy

1st Amendment

• Freedom of speech

• Religious freedom

• Prohibition of official establishment of religion

• Freedom of the press

• Freedom to peaceably assemble

• Ability to petition the government

2nd Amendment

Right to keep and bear arms - debatable whether individual or militia

3rd Amendment

• In peace, no quartering soldiers

  • In war, no quartering soldiers except by law

4th Amendment

• No unreasonable searches and seizures by the government (as determined by law)

  • Need warrant + probable cause

5th Amendment

• Grand Jury (unless military related)

• No double jeopardy

  • Can’t be retried or repunished

• Can’t be a witness against yourself

• Due process is necessary to be deprived of life, liberty, or property

  • Miranda rights

• No taking private property without just compensation

6th Amendment

• Speedy and public trial

• Impartial jury of peers

• Be informed about the accusation

• Have witnesses for and against

• Right to counsel

7th Amendment

Trial by jury (no retrial unless common law requires it)

8th Amendment

• No excessive bail

• No excessive fines

• No cruel or unusual punishments

9th Amendment

The constitutional list of rights does not deny the people other rights that they have

10th Amendment

Powers not delegated to the federal government nor prohibited from the states are reserved to the states or the people

14th Amendment

• Every person born or naturalized in the US is a citizen of the US and their state

• States can’t abridge privileges or immunities of any US citizen

• States can’t deprive anyone of life, liberty, or property without due process

• States can’t deny any of their citizens equal protection of their laws

• States can’t deny the right to vote to any male inhabitants at least 21 years old or their representation is diminished

• Anyone who has committed treason cannot hold any US or state office

• Public debt should not be questioned

• Treason or emancipation claims are illegal debt

Declaration of Independence

• List of grievances against a tyrannical monarch

• Unalienable rights

• People as the ultimate authority

• Justification of freedom by natural rights

Articles of Confederation

• Shown to be weak through war, the debt crisis, and Shay’s Rebellion

• Too much restriction on when changes could be made

• Congress didn’t have enough necessary power (taxes, treaties, commerce, etc.)

Federalist No. 10

• Support for the new Constitution - Federalist

• In larger republics, factions will struggle to become a majority

• Majority factions are bad, but factions are unavoidable

• The states cannot have too much power over the federal gvt

Federalist No. 51

• Constitution creates checks and balances, which protect against possible abuses of power

• Also separation of different powers between the 3 branches

• The branches should have little involvement in the selection of the other branches

• Branches should have a balanced amount of powers and checks on them

Federalist No. 70

• Argues for a strong executive leader

• Executives have to act quickly, so there should only be 1

• No danger of differences of opinion and conflict

Federalist No. 78

• Emphasized the need for judicial review

• The courts just carry out the Constitution, they don’t have a ridiculous amount of actual power

• The judiciary branch needs to remain fully distinct from the other two branches

Brutus No. 1

• Anti-Federalist response to the Federalist Papers

• Argued against the ratification of the Constitution

• It would concentrate power in the hands of a few

• It would erode individual liberty

• It gives the central government too much power and the states not enough

Letter From A Birmingham Jail

• MLK

• People have a responsibility to follow just laws, but unjust laws should be challenged

• You need to take direct action, not wait for compromise and discussions that lead nowhere