Authored primarily by Thomas Jefferson, authorized by the Second Continental Congress.
Declared independence from Britain, providing justification for the 'divorce.'
Identified natural rights: Life, Liberty, and the Pursuit of Happiness, stating the government's job is to protect them.
Heavily influenced by John Locke.
Key principles:
Consent of the Governed.
Popular Sovereignty.
Social Contract Theory: Citizens give up certain freedoms to the government, and the government provides protection.
Limited Government
Articles of Confederation
Authored by John Dickerson, authorized by the Second Continental Congress.
Established a Confederal Government, characterized by a weak Congress with limited powers.
Unicameral Legislature: A single legislative chamber.
Each state had 1 vote, with 2-7 delegates representing each state.
9/13 votes were needed to pass laws, making it difficult to enact legislation.
No Executive or Judicial branches existed at the federal level.
Congress lacked the power to raise an army.
Unanimity required for amendment: Every state had to agree to amend the Articles, making changes nearly impossible.
US Constitution
Written by the Constitutional Convention.
Outlines the structure of the government.
Establishes three branches of government with checks and balances: Legislative, Executive, and Judicial.
Defines the relationships between states.
Establishes an amendment process.
Includes 27 Amendments, including the Bill of Rights.
Federalist No. 10
Authored by James Madison, part of the Federalist Papers.
Addresses the issue of factions:
Factions are inevitable, and attempts to destroy them are futile.
The best approach is to manage the effects of factions.
A large republic is the most effective form of government to address factions.
It is difficult for any one faction to gain complete power.
Corruption is less likely in a large republic.
Pluralism: Many factions competing for influence leads to the enactment of the best ideas.
Prevents tyranny of the majority: The views of the people are refined and enlarged by their elected representatives.
The size of the federal government is the key to managing factions, as explained in Brutus No. 1
Brutus 1
Authored by Robert Yates, an Anti-Federalist.
Argues against the proposed Constitution:
The Constitution gives too much power to the central government.
Necessary and Proper Clause (Elastic Clause): Seen as a blank check to Congress, allowing it to expand its powers beyond what is explicitly stated in the Constitution.
Supremacy Clause: Argued it would make state governments obsolete and impotent.
Too large a country for Congress to effectively represent local concerns.
Ineffective because too many views (factions) prevent the formation of a consensus.
The new government can do away with state governments, creating one powerful state.
A standing army in peacetime is a destruction of liberty.
Once power is given up, it is very difficult to regain:
"Many instances can be produced where the people have voluntarily increased the powers of their rulers; but few, if any, in which rulers have willingly abridged their authority."