AP Gov: Foundational docs. & articles

Declaration of Independence

Natural rights, popular sovereignty, and the social contract are the foundation of governmental power.

Articles of Confederation

States were sovereign, each state had 1 vote in Congress. No executive or judicial branch. States could impose tariffs on other states, create their own currencies, and ignore federal treaties. Congress could declare war, make treaties, raise an army, coin and borrow money. Congress could not tax or regulate commerce. 

Brutus No. 1

Argues against ratifying the Constitution; prefers power to be held by the people in smaller, more local governments, more democratic. The elastic clause gives the federal government “absolute and uncontrollable power.” The power to tax could lead to a tyrannical federal government. Standing armies can lead to the “destruction of liberty.” The federal government will destroy state governments. Only small republics with similar people can be successful. 

Federalist No. 10

Factions (groups of citizens with an interest adverse to the rights of other citizens) are the biggest threat facing the nation. In a democracy, majority factions will tyrannize minorities. Factions are natural, their causes can’t be removed, and they can’t be destroyed with destroying liberty, so the negative effects must be controlled. A large republic is the best way to control factions and protect minority rights while maintaining majority rule. A larger population will lead to more factions, diluting the power of each faction, and diminishing the chance for any single faction to dominate the government. 

Federalist No. 51

“If men were angels, no government would be necessary… you must first enable the government to control the governed…and oblige it to control itself.”Argues for checks and balances & separation of powers. “Ambition must be made to counteract ambition.”

Federalist No. 70

Argues in favor of a unitary executive. A single president is more effective than dividing executive power among a group. A good government needs an active and decisive executive. A weak executive will lead to an inefficient government. While it’s good for Congress to move slowly, the executive needs to be able to react quickly. A single president is more accountable to the people and public opinion. 

Federalist No. 78

Life terms for federal judges establishes an independent judiciary that can engage in judicial review. Judiciary must be completely independent of the other two branches. The Judiciary is the least dangerous branch, lacking budget or war powers, and relies on others to enforce their decisions. “In [has] neither FORCE nor WILL, merely judgment.”

Letter from a Birmingham Jail

Can be interpreted as demanding the fulfillment of the Declaration of Independence and Constitution (14th Amendment) for ALL people. Argues in favor of civil disobedience. “An unjust law is no law at all.”

Constitution

Established a republican government. 

Article 1

The form and powers of Congress: Legislative branch; consists of a Senate which represents the states equally with 2 senators each, and a House of Representatives which represents the states giving more representation to those with higher populations. Enumerated powers are powers specifically given to Congress in the Constitution; lay and collect taxes, borrow money, coin money, declare war, raise and support armies, and maintain a navy. Necessary and proper clause (elastic clause)

Article 2

Provisions for the executive branch: The President shall be the commander in Chief of the army and navy of the United States. The President shall take the laws faithfully executed. 

Article 3

The judicial power of the United States, shall be vested in one supreme court: The Supreme Court’s jurisdiction affects Ambassadors and public ministers in original jurisdiction; it also has appellate jurisdiction which means that they can only hear appeals in certain cases. 

Article 4

The federal government’s relation with the states government’s

Article 5

Process for Amending the Constitution: First step is proposal and the second is ratification. The Amendment Process has 2 ways of proposing amendments; ⅔ of both houses of Congress can propose and ⅔ of state legislatures can propose. To ratify 3/4 states are needed to ratify the Amendment.

Article 6

Supremacy clause: This states that Federal law supersedes State laws.