AP GOPO - Founding Documents

articles of confederation:

weaknesses of the articles of confederation

• unicameral government
• no national court system
• congress was unable to regulate trade
• congress was unable to tax
• it took 3/4 of the states out to add additions to the articles
• it to a unanimous vote to ratify the constitution
• the articles promotes state's individual identity instead of promoting a national identity

passage of the northwest ordinance of 1787

• biggest accomplishment of continental congress
• established a government in the northwest territory
• outline the process for admitting a new state to the union, and guaranteed that the new states would be equal to the original thirteen states

land ordinance of 1785

• set the standards for settlement in the west

shay's rebellion

• farmers weren't paid by congress
• triggered the downfall of the articles
• let society know that the articles were weak and needed to change

constitutional convention

• articles were thrown out, constitution introduced
• in response to shay's rebellion
• anti-federalists versus federalists

major compromises:

- the goal of the compromises was to create a new document to take back to the delegates home states and vote on it within their senates

• virginia plan

• the great compromise

• three fifths compromise

• commerce and slave trade compromise

  virginia plan

• small states were made happy by the creation of the senate (rep. not based on population) and big states were made happy by representation based on population

• introduced a three branch government and two housed congress

• three branches: legislative (power to create laws and spend money & tax), executive (enforce the laws), and judicial (interpret the laws)

• two house congress: senate and house of represenatives

  the great compromise

  • kept the states together by duct tape
  • to pacify all states
  • small states did not want representation based on population, and bigger states did want representation based on population

• the senate made small states happy (every state got one vote)

• the house of representatives made larger states happy (votes based upon population)

the three-fifths compromise

• made the southern states happy by counting every state that had institutional slavery by making slaves count 60% towards representation in the House
  • pushed the issue of slavery back 80 years

commerce and slave trade compromise

• agreement not to tax exports
• agreed to not address slavery for 20 years
• gave congress control over commerce and could now tax

bill of rights

• set of civil liberties guaranteed
• inspired by enlightenment principles such as inevitable rights

federalist #10:

author: james madison

• argues that in order to control factions, uprisings and revolts, a strong central government was essential

  • factions: groups of people who gather to protect like interests
  • ** this idea is caused by shay's rebellion

• argues in favor of a strong central government

• argues that groups compete for dominance and there should be limits on power

  • madison articulates that factions can infringe upon someone else's liberty

• madison argues that there are two ways of working against factions:

  1. controlling the effects of the factions
  2. removing the cause of it

• he argues that removing the causes is unconstitutional, and that it would be difficult to control the effects but it could be done

  • republic vs direct democracy
  • republic- votes for what is represented
  • direct democracy- supremacist

• he argues that factions are inevitable, and aren't all bad, and the negative effects can be helped by representation

• madison argues that a larger republic is the more factions there will be the more secure liberty will be

  • more factions will help control the negative effects of them because not one group can become to dominating

• people form factions as long as everyone has different political/socioeconomic status

• the government, formed by the constitution, controls the damage caused by factions

• madison argues that direct democracy is fallible because the strongest and most dominant factions can bully minorities

federalist #51

• author: james madison
• argues that the government should have checks and balances
• the three branches must always be checking the other so that one doesn't become corrupt
• argues pro checks and balances

federalist #70

• author: alexander hamilton
• arguing in favor of the central government having a president
  • opposing argument: understanding republic has no basis
  • for: protection from the government, carry out laws, protection of private property, and secure liberty
• what makes a strong executive?
  • unifies, energy, support, proper authority, effectiveness, represents all rights and interests
• weak executive will ultimately lead to a bad form of government
  • what is feeble?
  • does the proposed constitution provide for a strong executive branch?
  • hamilton argues that things should be discussed/argued over, but two presidents would create alliances/enemies in the same parts of government which leads to ineffectiveness
• unity leads to strength-- decision making, action, ect. will be faster with one person rather than multiple
  • giving power to two equal people or one person in power who is worried about what the other thinks will destroy unity
  • dishonesty can destroy liberty
  • when two people have same lever of power they compete, disagree, ect., which makes them forget about the main goal: the people

federalist 78:

• author: alexander hamilton

  • the purpose of all of the federalist papers: convince to ratify the constitution

• in 78 hamilton argues for a third branch (judicial) and to practice judicial review

  • the power of an independent judiciary, or courts of law, to determine whether the acts of other components of the government are in accordance with the constitution. any action that conflicts with the constitution is declared unconstitutional
  • judicial power is only rule of law

• marbury vs madison

  • strengthened the federal judiciary by establishing for it the power of judicial review, by which the federal courts could declare legislation

• separation of powers: hamilton argues→

  1. if there was not a supreme court to clarify constitutionality the president/congress could do whatever they wanted to without consequence

• political rights are least threatened by the judicial branch

  • unless courts are independent and have power to declare laws of the constitution the court has no power
  • the courts are mediators between the government and the people
  • independence of courts is necessary to protect the rights of individuals against the actions of factions

brutus I

• author: robert yates

• anti-fed response to the proposed constitution and the federalist papers

  • argues that decisions will impact future generations
  • recognizes that the federal government was weak under the Articles
  • people are the power which have the deciding vote to ratify the constitution
  • call to action to the public (aka new york)
  • says that if they think the constitution secures their natural rights then they should vote for it
  • but if the constitution leads to tyranny then it will be their fault that future generations will blame
  • is it best to maintain a confederacy or loose it altogether and and one individual rights to the central government
  • confederacy →league or alliance between states
  • elastic (necessary and proper) clause → what gives the constitution power
  • allows the government to stretch beyond its literal description
  • supremacy clause
  • makes clear that the Constitution, federal laws, federal regulations, and treaties take superiority over similar state laws

• overall, brutus I argues that if the people give the constitution power it will dominate state rights and take away individual liberties

constitution

• author: james madison
• supremacy clause
  • establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
• implied powers support expressed powers
  • ex. congress call for an arm (expressed powers) it is an implied power that congress is going to call it
• inherent powers
  • not explicitly states in constitution that allows the government to take actions in order to efficiently preform essential duties
  • ex. regulating immigration
• reserved powers → state powers
  • education, distribution of aid, setting up local government, maintaining justice system
• denied powers → federal and state
  • powers that congress has that are not stated directly in the constitution
  • states do not have the power to coin money or give titles of nobility
• congress cannot:
  • pass bills of attainder (charges/convicts a person w/o due process)
  • suspend wit of habeus corpus (requiring a person under arrest to be brought before a judge or into court)
  • pass ex-post facto laws
• exclusive powers
  • powers reserved to the federal government or the states
• concurrent powers: shared powers
• anything not concurrent are exclusive powers
• inhere, expressed, and implied powers are known as delegated powers

letter from birmingham jail

• author: martin luther king jr.

• established the foundation for non-violent direct action

• letter was in repose to a joint statement released by 8 alabama clergymen that accused mlk of being

• forced everyone to control racial issues head on

  four steps to civil disobedience:

  1. collection of the facts to determine if injustices exist
  2. negotiation
  3. self-purification
  4. direct action

• argues that unless we fight for it, freedom will never be given to us

declaration of independence

• author: thomas jefferson

• speaking to three groups of people:

  1. king george III

     1. grievances against KG →

     2. taxation without representation

     3. dissolving colonial legislation

     4. quartering soldiers

     5. failing to act on legislation

     6. kangaroo courts

     7. soldiers among people

  2. loyalist colonists

  3. other countries-- spain and france

• argues that it is a responsibility to fight against those who oppress them

• intent was to fight for the independence and explain why there was reason to fight

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