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Declaration of Independence (Thomas Jefferson)
Declared Independence from Britain
Identified Natural Rights (Life, Liberty, Pursuit of Happiness)
Influenced by John Locke
Consent of the foverned; Popular Sovereignty
Limited Government
Articles of Confederation (John Dickinson)
Confederal Government
Weak - Congress not given many powers to prevent tyranny
Unicameral Legislature
Each State = 1 vote; 9/13 votes needed to pass laws
Weaknesses of the Articles of Confederation
No executive or judicial branches, inability to levy taxes, no power to raise an army and lack of power to regulate interstate commerce.
U.S. Constitution
The foundational document that established the current framework of the United States government, outlining the structure, powers, and limits of government, as well as the rights of citizens.
First 10 Amendments (Bill of Rights)
Freedom of Religion
Right to Bear Arms
No quartering of troops in peacetime
Protection from unreasonable searches.
No double jeopardy, due process, protects against self-incrimination, meaning you can't be forced to testify against yourself in a criminal case
Speedy Trial by Jury, right to counsel
Ensures the right to a jury trial in certain civil cases within federal courts
Protection from cruel punishment.
People's rights are not limited to just those listed in the Constitution
Any powers not specifically given to the federal government, nor prohibited to the states, are reserved to the states or to the people
Federalist #10 (James Madison Federalist Papers)
Factions are inevitable and can be controlled through a large republic, where various interests compete, preventing any single faction from dominating.
Pluralism: many factions competing for influences leads to only the best ideas bein enacted
Brutus #1 (Robert Yates Anti-Federalist)
Constitution gives too much power to central government
Necessary and Proper Clause
Supremacy Clause
Too large of a country for congress to represent local concerns
Federalist #51 (Madision Federalist Papers)
Separation of Powers
Three branches of government, each w/ little control over the other
Checks and Balances: government must be powerful enough to control the poeple but also control itself, separat but equal powers
Keep power from becoming too centralized
Federalist #70 (Alexander Hamilton)
Argues for a single, “energetic” executive (president)
President must be single persom
Debate adn disagreement are good for congress, poison for the president
Having a single president makes the executive easily accountable
Federalist #78 (Alexander Hamilton)
Judicial Branch is the “least dangerous branch” - cannot enforce its decisions (no influence over “sword or purse”)
Judiciary must be independent; life tenures ensures justices
Judicial Review: job is to interpret the Constitution
Letter from a Birmingham Jail (MLK, Jr.)
Nonviolent direct action seeks to create an urgency for legilative action