Foundational Docs Review (AP Gov)

Declaration of Independence

• Written by Thomas Jefferson

• Audience: colonies and Europe (not just King George)

• Heavily influenced by Enlightenment ideas

• “Right of the people to alter or abolish [tyrannical gov]

Articles of Confederation

• First constitution of United States

• Forms confederacy between the 13 states

• States are supreme

• Only one branch: legislative (with little power)

• Equal rep: 1 vote for each state

“Each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not…expressly delegated to the United States….”

U.S Constitution

• 7 articles (in order): the legislative branch, executive br, judicial br, state relations, amendment process, national supremacy, ratification process

• Created bicameral (two house) legislature

• Art. 1, sect. 8 lists Congress enumerated powers. + Necessary and proper (elastic) clause

• Supremacy clause in Art. 6 = fed laws trump state laws

Bill of Rights (1-5)

• First 10 amendments; only way for Anti-Federalists to ratify

• 1. freedom of religion, speech, press, assembly, petition gov ; establishment + free exercise

• 2. right to bear arms

• 3. no quartering of soldiers (privacy)

• 4. no unreasonable search/seizure ; exclusionary rule

• 5. grand jury, protect against double jep + self-incrim. ; due process clause + eminent domain. Miranda right

Bill of Rights (6-10)

6. Criminal court procedures, lawyers for those that cant afford. Miranda right

7. Trial by jury, civil court procedures

8. No cruel or unusual punishment/excessive fines

9. Rights retained to the people

10. Rights not enumerated are reserved to the states

Brutus 1

• Anti-Federalist paper

• Greatly opposes Elastic & Supremacy clauses

• Against strong central govt, prefers state govts

• Large republics cannot represent everyone

Federalist 10 [Madison]

• Response to Brutus 1

• Dangers of factions

• Cannot abolish factions, only control effects (factions = liberty)

• Favoring republican govt

• Let factions form; as nation grows, their power diluted by large population & competition = compromise

Federalist 51 [Madison]

• Outlines separation of powers/checks and balances

• Divides most powerful branch (legislature)

• Division of power btwn National and State upholds federalism

• Exec checks Legis (veto), Legis checks Exec (impeachment), Jud checks both (constitutionality reviews)

• More about the dangers of factions

Federalist 70 [Hamilton]

• Justifying need for single executive

• Need energy in executive: quick/decisive decision-maker

• Multiple presidents may lead to factions

• Many in legislative, one in executive

• Easier to hold 1 exec responsible

Federalist 78 [Hamilton]

• Argues how and how long justices should be appointed

• Judges hold office for life “in good behavior”

• Justices will not have to worry abt re-election

• Intermediate body btwn people and legislative

Letter From a Birmingham Jail

• MLK; equal protection clause of 14th spurred social movement

• Arrested after attempting to desegregate shopping center in Birmingham, Alabama

• Told to “wait” for rights to come

• Warns against the “white moderate” that cares more for order than for justice