Foundational documents

Articles of confederation:

• First constitution

• Confederation = several powers come together to form a central power

◦ 13 states formed a confederacy

• States are supreme

• Unicameral legislative

◦ One vote per state

• Needed to do business with other nations

◦ Can’t raise an army

• Congress doesn’t have major power

◦ Declare war unless 9 states approve

• Have a central government when there was none before

• Avoided tyrannical central government by no power

Declaration of Independence:

1. Preamble = Thomas Jefferson

A. Published for the colonies and western world

B. Purpose = 1. Get troops to fight at home 2. Have allies to help the Americans

C. Natural rights = not taken away by the government

D. Popular sovereignty/social contract

2. List of grievances against King George III

3. Resolution for independence

The Constitution:

• Created a republican government instead of confederacy

• Preamble

• Article I = Legislative branch

◦ Forms + power of Congress

◦ Senate = each state represented equally (2 senators)

◦ House of Representatives = representatives appointed by population

◦ Section 8: enumerated powers = powers are explicitly stated

‣ Lay + collect taxes

‣ Borrow money

‣ Coin money

‣ Declare war

‣ Raise + support armies

‣ Maintain a navy

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

• Article II = Executive branch

◦ Electoral college

◦ Executive power

‣ P be commander in chief of the army + navy, and militia of several states

‣ P execute or enforce laws + sign or veto laws

• Article III = Judicial branch

◦ 1 Supreme Court

◦ Congress has power to create others by Judiciary Act of 1789

◦ 2 jurisdiction the court has:

‣ 1. Original jurisdiction = hear a case for the first time

‣ 2. Appellate jurisdiction = can’t hear a case for the first time, only appeals from lower courts

◦ Interpret laws + say if they are unconstitutional

• Article IV = State relations

◦ Federal government relationship with states and between states

• Article V = Amendment process

◦ 1. Proposal

‣ 2/3 of both houses of Congress can propose

‣ 2/3 state legislature can propose

◦ 2. ratification

‣ 3/4 of states have to agree

• Article VI = National supremacy

◦ Supremacy clause = federal government > state governments when creating laws

• Article VII = Ratification process

Federalist 10: Federalist favored with the ratification of the constitution

• James Madison answers the question = How will the new Constitution protect the liberty of citizens against tyranny of the majority?

• Faction = a group of citizens that want a dominate government to impose their own interests into society

◦ Madison + anti-federalist think it’s dangerous

• Two solutions

◦ Removing its causes = stop factions from forming

‣ Abolishes liberty

◦ Controlling its effects = limit their power if formed

◦ Have a republican government

◦ As population grows, smaller factions will develop

‣ 2 consequences:

• Not one faction will get there way due to many factions

• Competition will arise which will lead to compromise in the interested of society instead of interest of one group

Brutus 1: Anti-federalist were against the ratification of the constitution

• Answer the question = Whether a confederated government be the best for the United States or not? = have a central strong government or small state governments

◦ Confederated government was the one under the articles of confederation

‣ Small state have more power than the central government

• Confederacy government is better than the republic

◦ Necessary and Proper Clause (Article 1, Section 8)

‣ Congress can make any lass that is N + P to the execution of its enumerated powers

◦ Supremacy clause (Article 6)

‣ Federal laws have more authority over state laws

• Having a central strong government can lead to state governments to die out

• U.S being large in population + territory = how can elected representatives have the power to represent its people? -> it’s not possible

Federalist 51:

• Separation of powers / checks and balances

◦ 3 branches check each other for no branch to hold greater power

◦ Congress = bicameral legislature

◦ Executive check legislative = veto laws

◦ Legislative check executive = powers of impeachment + removal of office

◦ Judicial check other 2 = rule constitutionality of laws + executive actions

• Federalism= state and federal governments have different powers

• Danger of factions

◦ More factions = less domination from one groups

Federalist 70:

• Justify the need for a single executive, or president

• Anti-federalist said to have several presidents instead of one

◦ No tyranny allowed

• 1st argument: Energy is the need to deliver a good government

◦ Act quickly / decisive opposed to the legislative

‣ Legislation has many member in which they have to debate and compromise = deliberately and slowly

◦ Include unity

‣ More executives = less energy = carry out demands will be diminished

• 2nd argument: responsibility

◦ Having multiple executives can help in not pointing one executive to blame for everything

• Even though they are potential danger of monarchical power of a president, it is the best to discharge duties of office with energy and decision

Federalist 78:

• Nobody disagreed on how America needed a new Judicial institution due to no federal court system under the articles of confederation

• How and for how long justices will be appointed and what kind of power the Judicial branch should have

• Federal judges appointed by the president stated in Article II

◦ Be in good behavior

◦ Be judges for life

‣ Hamilton states how is it a necessity to keep branch independent as possible

• Judicial review = revise laws passed by Congress + their constitutionality

◦ Doesn’t make it more powerful than the legislative but balances and checks