Us Constitution Exam One- readings

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Aristotle- Politics Book I

4th Century BCE

Q: Why do humans from political communities

A: Humans are political animals, the polis exists by nature

R: The polis allows humans to achieve the good life (virtue); family → village → polis is natural progression

John Locke: Second Treatise of government

-1689

Q: What legitimizes government?

A: Government arises from a social contract to protect life, liberty, and property

R:In the state of nature, people are free and equal but rights are insecure → people consent to a government with limited powers to secure natural rights 

Thomas Jefferson- Declaration of Independence

1776

Key Section: preamble/ self-evident truths

Claims: All men are created equal; endowed with unalienable rights

Brutus Letter #1

1787

Q: Will the constitution lead to consolidation/should it be ratified? Who cares?

A: No- too much power in a large republic leads to consolidation and tyranny

R: Republics must be small to maintain virtue and representation

Madison- Federalist #10

1787

Q: How to control factions?

A: large, extended republics dilute factional influence

R: Diversity of interests prevents majority tyranny

Madison Federalist 48-51 

1788 

Theme: Preserving separation of powers

Argument: powers naturally encroach → need checks and balances so ambition counteracts ambition

Brutus Letter 15

1788

Critique: federal judiciary will be too independent (life tenure) → judiciary becomes supreme & threatens liberty

Hamilton Federalist 78

1788

Defense: Judiciary is “least dangerous” branch

Judicial review: courts must strike unconstitutional laws to protect the constitution

Jefferson- Against Judicial supremacy

1820

Position: Departmentalism; each branch interprets the constitution for itself 

Fear: judicial supremacy leads to oligarchy