Federalist Papers and Letter from Birmingham Jail

Federalist No. 51

• Deals with the structure of government and separation of powers.
• Attributed to either James Madison or Alexander Hamilton.
• Part of the Federalist Papers.
• Power is divided among the three branches of government, with each having limited control over the others.
• Divides power between the national and state governments.
• The House and Senate are divided and elected in different ways.
• Checks and balances are essential; the government must be powerful enough to control the people but also to control itself.
• Separate but equal powers.
• Aims to prevent power from becoming too centralized, preventing any single person or group from taking over the government.
• Quotes: "If men were angels, no government would be necessary….you must first enable the government to control the governed; and in the next place oblige it to control itself."

Federalist No. 70

• Advocates for a single, "energetic" executive (president).
• Authored by Alexander Hamilton.
• Part of the Federalist Papers.
• Argues that "energy in the executive is the leading character in the definition of good government."
• The president must be a single person; a dual executive or committee would lead to confusion, disagreement, and an inability to act decisively.
• Debate and disagreement are beneficial for Congress but detrimental to the president.
• The president needs to act swiftly and decisively to respond to crises.
• A single president ensures easy accountability, while multiple presidents would result in finger-pointing and shifting blame.
• Rejects a plural executive in favor of a Cabinet of advisors to the President.

Federalist No. 78

• Discusses the judicial branch.
• Written by Alexander Hamilton.
• Part of the Federalist Papers.
• Describes the judiciary as "the least dangerous branch" because it is independent and weaker than the other two branches, lacking the power to enforce its decisions.
• "no influence over either the sword or the purse….It may truly be said it have neither FORCE nor WILL, but merely judgement."
• The judiciary must be independent, hence the argument for lifetime appointments.
• Establishes the power of judicial review, where the judiciary interprets the Constitution. Argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution impartially.
• Hamilton viewed judicial review as a protection against abuse of power by Congress.

Letter from a Birmingham Jail

• Authored by Dr. Martin Luther King, Jr.
• Justice delayed is justice denied; "Injustice anywhere is a threat to justice everywhere…."
• "Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed"
• All people should be treated the same under the law, referencing the 14th Amendment's Equal Protection Clause.
• Nonviolent direct action seeks to create urgency for legislative action.
• Counters the claim that civil rights protesters were agitating; they were merely highlighting tensions that already existed (uncomfortable truths).
• King embraces extremism in support of a noble cause, such as fulfilling the promise of America, as long as it adheres to the tenets of nonviolence.