The Declaration of Independence (1776):

• 3 parts: preamble, list of grievances, resolutions for independence

• Preamble: justification for breaking with Britain

• Natural Rights: “we hold these truths to be self evident, that all men are created equal… unalienable rights, Life, Liberty, and the Pursuit of Happiness

• Government derives its powers from the consent of the governed

  • popular sovereignty, social contract

• If government is destructive, it is the right of the people to alter or abolish it

The Articles of Confederation (1781):

• First Constitution

• Confederation: form of government where several powers unite to form a central power

Problems:

• Placed most of power in the states rather than the Federal Government = Problem

• States are supreme: Unless power is explicitly stated to Federal Congress, it belongs to the states

• Single branch - legislative

• Each state has one vote in Congress (disproportional, small population states get the same vote as states with a large population)

• Central Government does business with foreign states, but can’t raise a national army

• Nine states must consent for Congress to do things, like declare war

• Can’t be altered, unless EVERY state agrees (impossible)

The Constitution (1787):

• Republican Government: representatives do work on behalf of the people

• Article I: form and powers of Congress (make laws)

  • Bicameral legislature: two houses

    • Senate: each state represented equally (two votes)

    • House of Representatives: apportioned by population of the state

  • Section 8: enumerated powers of Congress

    • Lay and collect taxes, borrow money, declare war, raise armies, pass laws, approve budget

    • Necessary and Proper Clause (Elastic Clause): Congress has power to make laws necessary and proper to all

  • Establishes checks and ballojb

• Article II: provisions for executive branch (execute laws)

  • Sets up how to elect president: electoral college

  • explicit powers

    • Commander-in-Chief

    • Execute/enforce laws

    • Sign bills after bills pass through both houses of Congress (become law)

• Article III: judicial branch (interpret laws)

  • one federal Supreme Court, and Congress has power to make other courts

  • Jurisdiction: what disputes can the court decide

  • Original Jurisdiction: can hear a case for the first time

    • Supreme court has original jurisdiction cases involving “ambassadors, public ministers and consuls, and those in which a state shall be Party”

  • Appellate Jurisdiction: Supreme Court can’t hear a case for the first time, only hear appeals from lower courts (other cases)

• Article V: process for amending Constitution

  • Proposal: 2/3 of votes from both houses of Congress OR 2/3 of votes from state legislatures

  • Ratification: ¾ of states agree (difficult, but more achievable than Articles of Confederation)

• Article VI: Supremacy Clause

  • Federal law is Supreme Law of the Land

Brutus 1 (1787):

• Anti-Federalists: against the Constitution

• Believes a Confederacy is better than a Republic

• Necessary and Proper Clause & Supremacy Clause: will make no need for intervention of the states —> state governments will lose power

• Taxes: Federal Government collects taxes, people won’t want to pay taxes for state governments as well —> states lose power

• Size: a republic doesn’t work with a big territory because the elected representatives must be able to appeal and keep hands on everyone (which he writes is not possible)

Federalist 10 (1787):

• Federalists: in favor of Constitution

• From The Federalist Papers

• Written by James Madison

• Factions: group of people with common interests, desire to dominate government

  • Great danger

  • Factions will always be present, trying to stop their causes is abolishing liberty

  • Control their effects with a Republic

    • size and diversity of nation means it is harder for one faction to gain control, power is diluted, and they are all in competition with one another

Federalist 51 (1787):

• James Madison

• Separation of Powers

  • Keep branches in check

  • Each branch have different powers, independent of each other

  • Legislative branch has the most power

    • Solution: divide into two houses

  • Power is also divided with national and state governments = Federalism

• Checks and Balances

  • Executive branch check on Legislative branch: veto laws

  • Legislative branch check on Executive branch: impeachment

  • Judicial branch check on both branches: rule on constitutionality and president actions

Federalist 70 (1787):

• Alexander Hamilton

• Justify need for a single executive

  • Single leader can decide quickly, multiple leaders would have to consult each other and take too long to come to an agreement in times of emergency

  • Hard to hold responsibility when things go wrong with multiple leaders, one leader means there’s only one person to blame

Federalist 78 (1787):

• Alexander Hamilton

• Judicial Branch

• Appointment

  • Federal judges appointed by President (Article II of Constitution)

• Term

  • Life Tenure: hold position for life as long as the execute “good behavior”

  • keeps branches independent from other branches, aren’t influenced by need to be reelected

• Judicial Review: duty of judicial branch, consider laws, make sure they are in law with Constitution

Letter from a Birmingham Jail (1963):

• Martin Luther King Jr.

• In response to a clergyman who said the disruptive practices don’t work and that African Americans should wait for the legal process of change

• Writes that non-violent direct action is the way to spark change

  • Creates tension, which forces confrontation

  • Negotiation comes from crisis