Foundational documents

Articles of Confederation

First Constitution of confederation (13 states)

States are supreme with unicameral legislation (one vote per state)

Avoided tyrannical central government by having no power (congress has no power → can’t declare war or army)

Declaration of Independence

Preamble = Thomas Jefferson

1. Published for western/colonies

2. Purpose = troops to fight at home / have allies to help Americans

3. Natural rights = not taken away by government

4. Popular sovereignty / social contract

List of grievances against King George 3

Resolution for independence

Constitution

Make republican government instead of confederacy

Preamble

Article 1

legislation branch = form + power of congress

Senate = 2 senators from each state

H.O.R = appointed by population (435)

Section 8 = enumerated powers (explicitly stated)

1. Lay + collect taxes

2. Borrow on money

3. Coin money

4. Declare war

5. Raise + support war

6. Maintain navy

Necessary and proper clause (elastic) = C make laws if it’s necessary to the ones already stated

Article 2

Executive branch = electoral college

Executive power

1. P = chief of army, navy, + militia of several states

2. P execute or enforce laws + sign or veto law

Article 3

Interpret laws + use Judicial Review

Supreme Court = have power to create other courts by Judiciary Act of 1789

Original jurisdiction = hear case for 1st time

Appellate jurisdiction = can’t hear from 1st time, be appealed from lower courts

Article IV

State relations (federal + state)

Article V

Amendment process

Proposal = 2/3 of both houses can propose OR 2/3 state legislatures

Ratification = ¾ states agree

Article VI

National supremacy

Supremacy clause = federal government has more power over states when creating laws

Article VII

Ratification process = ¾ states agree

Federalist 10

Federalist favored with ratification of C

Madison + anti-f feared factions

2 solutions: 1. Remove causes =stop factions from forming (abolish liberty)

2. Control effects =limit power from forming

Population grows → smaller factions develop

2 consequences

1. No faction get their way due to too many

2. Competition will increases → compromise interest of society instead of groups

Brutus 1

Anti-federalist against ratification of C

Confederated government under article of confederation

Confederacy > republic

1. N&P clause and 2. supremacy clause

Having central government can let state governments to die out (Loose ppl’s liberty)

US having bug populations + land cant represent ppl if power not given to them

Federalist 51

James Madison for Separation of powers / checks & balances to protect tyranny

1. Branches check each other

2. Congress = bicameral

3. Executive check legislative = veto laws

4. Legislative checks executive = power of impeachment + removal of office

5. Judicial checks on both = rule constitutionally of laws + executive actions

Federalism = federal + state power

Danger of factions = more → less domination of one group

Federalist 70

Hamilton argued the Need for a single executive or president

Anti-f argued for several for no tyranny allowed

1. Energy needed to deliver good governance

Act quick / decisive opposed to legislation (has too many members to debate → slow)

2. Responsibility

Having multiple help in not panting one person to blame for

Potential danger of monarch power, best to discharge duties with energy and decision

Federalist 78

Hamilton argued for Judicial branch of Supreme Court

Federal judges appointed by P

1. Be in good behavior

2. Be judges for life (argued for branch to be independent as possible)

Judicial review (doesn’t make it more powerful but keep branches in check)

A Letter From a Birmingham Jail

• Illustrates equal protection clause under 14th amendment help Civil Rights Movement

• King disappointed for white clergy mens moderation than racism

◦ Didn’t like having to “wait” because nothing happened