Required Foundational Documents

Federalist 10 - written by James Madison and published on November 22, 1787

  • Context:

    • Written to address concerns about the dangers of factions and to convince the public that the new proposed constitution, with its structure of a large republic and checks and balances, was the best way to control the effects of these factions and preserve a stable, unified government

    • The U.S was struggling with internal instability, economic troubles, and political factions forming strong regional divides

    • The weaknesses of the Articles of Confederation became clear

  • Summary:

    • A large republic under the Constitution is the best defense against the dangers of factions

    • Factions are inevitable due to the nature of human liberty and differing opinions, but their effects can be mitigated in a large republic, where a variety of interests and opinions exist

    • A large republic with diversity would make it difficult for any single faction to dominate or oppress others

    • Eliminating factions would destroy liberty, and a large republic would better refine and enlarge public views through elected representation, preventing the tyranny of the majority

  • Modern Relevance:

    • Factions still exist in the form of political parties, interest groups, and lobbyists, and they continue to compete for influence in public policy

    • The structure of Congress, with two chambers and staggered elections, helps to balance competing interests

    • The diversity and size of the U.S population make it difficult for any one group to seize total control

    • Debates about campaign finance, partisanship, and the influence of special interest groups all reflect the ongoing relevance of Federalist 10 in addressing the balance between liberty and political stability

Brutus 1 - written in 1787 by an unknown author, widely believed to be Robert Yates

  • Context:

    • Written to argue against ratification by warning that a strong national government would eventually become tyrannical and oppressive

    • Many Americans were concerned that the Constitution gave too much power to the central government at the expense of the states and individual liberties

    • Articles of Confederation had previously failed to create a strong enough union, but some feared that the new plan would swing the balance too far in the other direction, concentrating power too heavily at the national level

  • Summary:

    • The Constitution would create a national government that would be too powerful and threaten the rights of the people and the sovereignty of the states

    • A large republic would be unable to represent the diverse interests of the citizens, leading to corruption and abuse of power

    • The Necessary and Proper Clause and the Supremacy Clause would give the federal government unlimited power

    • A standing army in peacetime would threaten liberty

    • The judicial branch would overpower the states through its broad interpretations of federal laws

  • Modern Relevance:

    • Modern disputes over healthcare, education, and gun laws often center around whether the federal government is overstepping its constitutional authority

    • Concerns about the influence of an unelected judiciary, especially the power of the Supreme Court in deciding major national issues like abortion rights and voting laws, reflect Brutus’s fears about judicial overreach

Declaration of Independence - written in 1776 by Thomas Jefferson with input from John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston

  • Context:

    • Written to formally declare the American colonies’ separation from Great Britain and to justify this decision to the world

    • Colonists sought international support and unity in their fight for independence during the early stages of the Revolutionary War

    • Colonies were experiencing increasing taxation without representation, restrictions on trade and westward expansion, and harsh responses to colonial protests like the Boston Tea Party

  • Summary:

    • Includes a long list of grievances against King George III, such as dissolving colonial legislatures, obstructing justice, maintaining standing armies in times of peace, and imposing taxes without consent

    • Includes how the British monarchy had violated the colonies’ rights and justification for their decision to break away

    • All people have the natural rights - life, liberty, and the pursuit of happiness - and the government exists to protect these rights

    • If a government becomes destructive or abusive of natural rights, the people have the right to alter or abolish it and establish a new one

  • Modern Relevance:

    • Modern political movements often cite the Declaration of Independence to defend civic liberties, protest government overreach, or advocate for social justice

    • Movements for racial equality, LGBTQ+ rights, and women’s rights have all invoked the principle of “all men are created equal”

Articles of Confederation - drafted by John Dickinson and adopted by the Continental Congress in 1777, though not fully ratified by all thirteen states until 1781

  • Context:

    • Made to create a formal government structure for the new United States while protecting the independence and sovereignty of each individual state

    • American colonies needed to establish a unified government during the Revolutionary War

    • Colonies had declared independence from Great Britain and needed a national framework to coordinate the war effort, manage diplomacy, and present themselves as a united front to foreign powers

    • The memory of British tyranny prompted the drafters to avoid a strong central government

  • Summary:

    • The states should retain most of the power, with a weak central government responsible for only limited national functions

    • Congress had no power to tax, no authority to enforce laws, and no executive branch or national court system

    • Each state had one vote in Congress, regardless of size, and major decisions required approval from nine of the thirteen states

    • The structure was to prevent any one state or central authority from becoming too powerful, reflecting the colonists’ fear of centralized rule

  • Modern Relevance:

    • The struggle between states’ rights and federal authority remains a central issue

    • Debates over issues like marijuana legalization, education standards, and COVID-19 mandates often center on whether states or the federal government should have the final say

The US Constitution and its Amendments - The Constitution was written primarily by James Madison in 1787, with the first ten amendments being added in 1791

  • Context:

    • Made to create a stronger federal government with the ability to tax, regulate commerce, and provide for the common defense, while respecting the powers of the states

    • Written to replace the failures of the Articles of Confederation, which created a weak national government that couldn’t effectively govern the new country

    • The amendments, especially the Bill of Rights, were prompted by concerns that the new government might abuse its power and violate individual freedoms

  • Summary:

    • Is based on principles such as popular sovereignty, checks and balances, separation of powers, and federalism

    • Includes articles that define the powers of Congress (Article I), the presidency (Article II), and the judiciary (Article III), as well as the system of checks and balances that prevents any one branch from becoming too powerful

    • A federal system of government was established, separating powers among three branches - legislative, executive, and judicial - and outlining the structure and powers of each

    • The amendments support the Constitution by guaranteeing freedoms such as speech, religion, due process, and equal protection under the law

  • Modern Relevance:

    • Current debates over gun fights (2nd Amendment), freedom of speech (1st Amendment), privacy and surveillance (4th Amendment), and equal protection (14th Amendment) are rooted in constitutional interpretation

    • The separation of powers influences how Congress, the President, and the Supreme Court interact, and how federalism affects issues like healthcare, education, and abortion rights

    • Recent Supreme Court decisions on abortion and affirmative action show how the Constitution continues to shape major national policies and define the limits of government authority

Federalist 51 - written by James Madison and published in 1788

  • Context:

    • Written to explain how the structure of the proposed government would protect individual liberty by preventing any one branch from becoming too powerful and reassure citizens that the Constitution had built-in safeguards, such as the separation of powers and checks and balances

    • Many Americans were afraid that a stronger central government would lead to tyranny, as they had just fought a war to escape the control of the British monarchy

  • Summary:

    • Emphasizes the importance of federalism - dividing power between the federal and state governments - as an additional layer of protection

    • The separation of powers among the legislative, executive, and judicial branches is essential to prevent tyranny and preserve freedom

    • Each branch of government would have the power and motivation to check the others

    • Human nature is flawed, so the government must be designed to limit the influence of any single group or person

  • Modern Relevance:

    • The President can veto laws passed by Congress, the Supreme Court can strike down laws it finds unconstitutional, and Congress can override vetoes or impeach federal officials

    • Recent political events, such as debates over executive orders, judicial appointments, and legislative gridlock, all reflect the system Madison described.

Letter from Birmingham Jail - written by Dr. Martin Luther King Jr in 1968

  • Context:

    • Written to defend the strategy of nonviolent resistance and to explain why African Americans could no longer wait for change through the courts or negotiations alone

    • Written in response to a public statement by eight white clergymen who criticized the protests as “unwise and untimely”

    • Activists were demanding urgent action against systematic racism in a critical moment in the fight for civil rights

    • Dr King had been arrested for participating in a nonviolent protest against segregation in Birmingham

  • Summary:

    • includes distinctions between just and unjust laws, references to historical figures like Jesus and Socrates who also challenged injustice, and criticism towards the white moderate who preferred “order” over true justice

    • Individuals have a moral responsibility to break unjust laws through nonviolent civil disobedience

    • Justice delayed is justice denied, and waiting for change only prolongs suffering

  • Modern Relevance:

    • Movements like Black Lives Matter, protests against police brutality, and debates about voting rights and racial equality all echo the themes of Dr King’s letter

    • Dr King’s argument that unjust laws must be confronted directly still applies to modern issues where people feel the legal system does not protect them equally

    • Ongoing challenges to gerrymandering, voter suppression, and racial profiling show that the fight for equal rights under the law is still relevant

Federalist 70 - written by Alexander Hamilton and published in 1788

  • Context:

    • Written to argue in favor of a strong, single executive (the presidency) as essential to good government

    • Written during a time when there was a debate over how much power the executive branch should have under the new Constitution

    • Americans were wary of centralized power because of their experience with the British monarchy

    • Hamilton believed that the weak executive order under the Articles of Confederation had caused inefficiency and a lack of accountability, and that the new Constitution’s design would correct that

  • Summary:

    • Includes points about how a single president could better respond to emergencies, protect against foreign attacks, enforce laws effectively, and be held responsible for their actions

    • Warns that having multiple leaders in the executive branch would cause confusion, conflict, and a lack of responsibility

    • A single, energetic executive is necessary for a strong and effective government

    • a unitary executive - one person in charge - would be able to act quickly, decisively, and with accountability

  • Modern Relevance:

    • Debates over actions taken by presidents during national disasters, wartime, or even public emergencies like COVID-19 show how important an “energetic executive” can be

    • Modern concerns about executive overreach, such as the use of executive orders or bypassing Congress, raise questions about how much power is too much

Federalist 78 - written by Alexander Hamilton and published in 1788

  • Context:

    • Written in an effort to explain and defend the structure and powers of the proposed judicial branch under the new Constitution

    • written to assure the public that the judiciary would be the weakest of the three branches of government and that its role was essential in protecting the Constitution and individual rights

    • There was concern among Anti-Federalists that federal judges would have too much power and might become tyrannical, since they would serve for life

  • Summary:

    • Explains that life tenure for judges helps ensure independence from political pressure, and the courts must have the authority to strike down laws that conflict with the Constitution

    • The judicial branch, particularly the Supreme Court, must be independent and have the power of judicial review to protect the Constitution

    • The judiciary has “neither FORCE nor WILL, but merely judgement,” meaning it cannot enforce its own rulings or make laws - only interpret them

  • Modern Relevance:

    • Judicial review remains a central function of the Court, as seen in landmark decisions such as Brown v. Board of Education, Roe v. Wade, and Dabbs v. Jackson Women’s Health Organization

    • Debates over judicial appointments, the role of precedent, and whether the Court is acting in a nonpartisan way all reflect Hamilton’s arguments about the need for an independent judiciary