Required docs and court cases

 Federalist #10: (by James Madison) Addresses the dangers of factions and how to protect minority interest groups in a nation ruled by the majority, and argues that a large republic keeps any single faction from taking control/oppression.

  • Human nature to form groups according to similar interests and to use group power to diminish other groups

  • We cannot change human nature only use it you our benefit

  • In a large population, diversity and size will ensure that different ideological groups battle each other for control, leaving no group much more dominant than another

  • “Pure democracy” can’t counter these effects because majority rule to the tyranny of the majority


Federalist #51: (by James Madison) Argued that separation of powers and checks & balances will keep the new government from abusing its power and oppressing the people.

  • Natural for people to collect power for themselves (selfish human nature) and a powerful government has potential to abuse it power

  • Limited gov is best achieved by separating different parts of gov and assigning them their own power

  • Each separated part of government uses its power to keep other parts from getting too much

  • Breaking up the government gives the people more points of access to government so that minority groups wont be shut out of power by dominant majority groups


Declaration of Independence: the document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence

-preamble

-grievances

-resolution of independence


 The Bill of Rights: The first 10 amendments to the US Constitution, drafted in response to some of the Anti-Federalists’ concerns. These amendments define such basic liberties and they guarantee the defendant’s rights. 


 Article I: Congress (Legislative): Powers are divided into Senate and House of Representatives, VP is president of the Senate, HoR draws up impeachment-> Senate tries it

  • Borrow money on the credit of the US

  • Regulate commerce with foreign nations

  • Coin money, regulate value, and fix measures

  • Provide punishment for counterfeiting securities and US money

  • Establish post offices


 Article II: The Executive Branch : 4-year term, natural born citizen of US, 35+ years of age, 14-year resident of US, commander in Chief of Military, makes treaties approved by Senate


 Article III: The Judiciary: Supreme Courts are in office during good behavior (life), jury doesn’t hold cases of impeachment


Article V: The Amendment process: ⅔ of Congress is needed to propose an amendment, ¾ of states are needed to ratify an amendment


Articles of Confederation: The first constitution of the US, adopted by Congress in 1777 and ratified in 1781. The AoC established the Continental Congress as the national legislature but left most authority with the state legislatures. 


 Brutus I: stated that the federal government proposed by the new constitution was too powerful and would probably become oppressive, Anti-Federalist paper


 US Constitution: a document written in 1787 and ratified in 1788 that sets forth the institutional structure of the US government, the tasks these institutions perform, and the relationships among them. Replaced the AoC


Marbury v. Madison: 1803 Supreme Court increased its own power by giving itself the power to overturn laws passed by legislature for being unconstitutional (judicial review). Adams issued Marbury a commission as justice of peace, but the commission arrived late to Jefferson who was the new president, Marbury sues Madison and they go to the Supreme Court where Justice John Marshall declares that Congress did not have authority (according to Constitution) to create the judiciary act of 1789 which gave the Supreme Court the power to decide on this case.


McCulloch v. Maryland: 1819 Supreme Court decision that established the supremacy of the national government over state governments. The Court, led by Chief Justice John Marshal, helped that Congress had certain implied powers in addition to the powers listed in the Constitution

-applied necessary and proper clause and Supremacy Clause

-expansion of federalism as it gave more defined and expanded the powers of the federal government while clarifying the limits of state power

-balance of power →court rules in favor of federal over state


Gibbons v. Ogden: A landmark case decided in 1824 in which the Supreme Court interpreted very broadly in Article I of the Constitution and defined the power of Congress to regulate interstate commerce as encompassing virtually every form of commercial activity

-expansion/preservation of federalism because, under the commerce clause, there was a definition/clarification of the federal government's authority versus the state governments. This clause encouraged the division of power as the federal government was able to control interstate commerce while the state governments controlled intrastate commerce. 


US v. Lopez: example of devolution, Gun-Free School Zones Act (federal act) exceeded Congress’ authority to regulate interstate commerce, place limits on the powers of the national government, struck down a federal law banning guns in school zones (not interstate) because it wasn’t in line with the commerce clause 

-preserved federalism because it clarified and defined the limitations of the federal power and where it is divided and held up the powers that the states have over the federal government.

-balance of power →court rules in favor of state over federal