Foundational Documents in American Government

Declaration of Independence

• Natural rights: People are born with inherent rights, and the government's role is to protect these rights.
• Popular sovereignty: The people are the source of governmental power; they have the right to abolish an unjust government.
• Social contract: An agreement where people give up some individual rights in exchange for protection and order.

Articles of Confederation

• State sovereignty: States retained supreme authority within their territories.
• Each state had one vote in the Congress.
• Congress lacked the power to collect taxes or regulate interstate commerce, hindering its ability to function effectively.
• Absence of executive and judicial branches led to a weak central government.
• States operated largely independently, pursuing their own interests.

Constitution

• Separation of powers: Governmental authority is divided among three branches: legislative, executive, and judicial.
• Checks and balances: Each branch of government has the ability to limit the power of the other branches.
• Federalism: Power is divided between a central government and state governments.
• Republican form of government: A system in which people elect representatives to make decisions on their behalf.
• Limited government: Governmental power is restricted by a constitution and the rule of law.
• Bill of Rights and Amendments: Guarantees fundamental rights and freedoms to individuals.

Federalist No. 10

• Factions as a threat: James Madison argues that factions, groups that pursue their own interests at the expense of the common good, pose the greatest danger to the republic.
• Inevitable factions: Factions are unavoidable due to the nature of liberty; they cannot be eliminated without infringing on freedom.
• Controlling factions: The negative effects of factions can be managed in a large republic, not through a direct democracy.
• Large republic: A large republic dilutes the influence of individual factions, making it more difficult for any single faction to dominate.

Brutus No. 1

• Small republic: Advocates for a small, decentralized republic.
• Irreversible power: Warns against ceding power to a central government, as it may never be regained.
• Elastic clause: Expresses concern that the elastic clause grants the federal government excessive power.
• Taxation: Argues that the power to tax can lead to governmental tyranny.
• State destruction: Believes the federal government will ultimately undermine and destroy the states.

Federalist No. 51

• Need for government: Acknowledges the necessity of government to restrain the ambition of individuals, since people are not inherently virtuous.
• Limited government: Emphasizes the importance of limiting governmental power to prevent corruption.
• Separation of powers: Divides power among the three branches to counteract ambition and prevent any one branch from becoming too dominant.
• Checks and balances: Each branch is empowered to guard its own power and to restrain the other branches, maintaining equilibrium.
• Congressional power: Recognizes that Congress possesses the most power, necessitating its division into two houses that can check each other's power.

Federalist No. 70

• Unitary executive: Hamilton defends the concept of a unitary executive, arguing for a single, strong leader.
• Energetic executive: The executive branch must be both strong and energetic to act decisively.
• Executive speed: The executive branch can act more swiftly and decisively than a large legislative body.

Federalist No. 78

• Least dangerous branch: The judiciary is the least dangerous branch, as it lacks the power to make laws, declare war, or enforce its rulings.
• Life terms: Life terms for judges insulate them from political pressures and external influences.
• Judicial review: The power of judicial review enables the judiciary to review and invalidate laws that conflict with the Constitution.

Letter from a Birmingham Jail

• Ideals of the Declaration of Independence and Constitution: Demands that the principles of the Declaration of Independence and the Constitution, particularly the 14th Amendment, be universally applied.
• List of grievances: Presents a list of grievances, mirroring the structure of the Declaration of Independence.
• Freedom through demand: Argues that freedom is never voluntarily granted but must be actively demanded by the oppressed.
• Civil disobedience: Advocates for civil disobedience as a means of challenging unjust laws.