AP Gov Documents required
Declaration of Independence
heavily influenced by the enlightenment
“We hold these truths to be self evident, that all men are created equal that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness” - natural rights /John Locke
“That to secure these rights, Governments are instituted among men, deriving their powers from consent of the governed…” - popular sovereignty and social contract/ Rousso, John Locke
When a government becomes destructive its the right of the people to alter of abolish it for a new government that upholds the natural rights of the people
aimed to rally troops and gain foreign allies/support
made up of:
preamble
justification for why colonists are breaking off from British rule
list of grievances against king george III
resolution for independence
Federalist #10
James Madison answers: How will the new const. protect the liberty of citizens against the tyranny of the majority?
“Among the numerous advantages promised by a well construction Union, non deserves to be more accurately developed than its tendency to break and control the violence of a faction.”/ factions are a threat to liberty
Solutions to factions:
“There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.”/ stop factions from ever forming or limit effects (terrible- destroys liberty, worse than having factions in the first place)
having the same opinion is impossible
Republican Government
As nation grows in pop. greater variety in party and interests and less probable for minority of whole to want to invade rights of other citizens, or will make more difficult to do so
As more people are added to the nations more and more factions will form: powers diluted by large population, competition of factions results in compromise.
Brutus #1
Attempts to answer:
“…Whether a confederate government be best for the United States or not?”
“..whether the thirteen United States should be reduced to one great republic governed by one legislature, and under the direction of one legislature, one executive and judicial; or whether they should continue thirteen confederated republics, under the direction and control of a supreme federal head for certain defined national purposes only?”
main concern that with a central authority that can pass any law with the necessary and proper clause and strike down any laws with the supremacy clause state governments with essentially be diminished.
Any government that exists can only collect a small amount of taxes otherwise the citizens will grow weary and overthrow the government, so fed govt. is going to collect taxes there’s only a small amount the people will tolerate how will states also collect taxes, so their power is vastly reduced and creating a big powerful govt.
If federal courts trump state courts, state courts will be rendered unnecessary
the size of the nation makes a republic ill suited
“It is natural to a republic to have only a small territory, otherwise it cannot long subsist.” - Montesquieu
with a national as large as the US in territory and people elected representatives could not possibly address everyone
with a large republic confidence in rulers would be diminished as people wouldn’t be well acquainted with rulers and have little knowledge of their proceedings and limited (challenging) ability to change them.
Articles of Confederation
Confederation: form of govt. where several powers unite to create a central power
placed most powers in states at expense of federal govt.
“Each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.”/ states are supreme
established singular legislative branch
one vote state + equal rep.
centralized govt. was necessary to do business with other nations
Article 6 “No state, without the consent of the United States
, in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference or agreement, alliance, or treaty, with any king prince or state...”
central govt. cannot raise national army, when needed it comes from states
Article 9: congress can settle disputes between states, fix standard weights and measures, appoint committees to do its work, etc.
it can’t declare war unless 9 wars support (9/13 supermajority)
Article 13: required unanimous consent to change articles
U.S. Constitution
Established republican style government in contrast to confederacy
Article I: Legislative Branch
bicameral legislature with two senators per state and representatives apportioned by pop.
Combined NJ plan (all equal) and Virginia plan (proportionate) to create Great/Connecticut Compromise
section 8: enumerated powers:
lay and collect taxes, borrow money, coin money, declare war, raise and support armies, maintain navy, etc.
Necessary and proper clause
Article II: Executive Branch
electoral college
explicit powers of POTUS:
commander in chief of army & navy and military of several states
Section 3: President executes enforces laws, final step in lawmaking process
Article III: Judicial Branch
judicial power is vested in one Supreme court and inferior courts Congress many ordain and establish
OG. jurisdiction in cases including ambassadors, public ministers and consuls, and a state
Appellate jurisdiction in other cases (appeals from lower courts)
Federal judges are appointed by the POTUS
Article IV: State Relations
federal govt relationship to states and relationships of states themselves
Article V: Amendment process
proposal
2/3 both Houses of Congress or 2/3 of state legislatures can propose
ratification
¾ of states have to agree
Article VI: National Supremacy
Supremacy clause
Article VII: Ratification Process
Bill of Rights
Federalist #51
To create a government that is powerful but not too powerful— separation of powers/checks and balances.
Each branch needs as much independent power as possible, but must be equal between branches
to keep the legislature from having too much power its split into two
Power is further divided by the branches into national govt, and state govt. (federalism)
const. provides system of checks and balances as each branch can check the power of the other— double security of protection for liberties of people
the more factions the less able any branch to dominate the rest
“Ambition must be made to counteract ambition”
People in govt. always seek to preserve their own interests so the best expedient to liberty is to set all our ambitions between each other
Federalist #70
Alexander Hamilton justifies the need for a single executive or president
The executive must be defined by one quality energy
energetic executive: ability to act quickly and decisively
Benefits to energy:
unity: the more executives the less energy of the office, therefore ability to carry out demands of office diminished
references instances in history where bitter division arose, and effectiveness was hindered which would be a problem in the case of an emergency and create harmful factions
responsibility
multiple executives may prove impossible to determine which executive is at fault and who should be held responsible
a single executive will best discharge duties of office with energy and decisiveness
qualities beneficial to the legislative branch counteract executive qualities
Federalist #78
Alexander Hamilton argues how and for how long justices will be appointed and what kind of power the judicial branch should have
As long as federal judges behave, they will hold office for life
lifetime appointments are a necessity to keep branch of govt. as independent as possible
life tenure makes it possible for judges to rule with impartiality and not have to please the people/ based on popular will
practical function as there are numerous precedents to know and switching judges would require immense learning, prohibiting the office.
temporary office duration would lead to less qualified and able holders
argues for power of judicial review, it’s only a manner of checking the legislature
defends by saying this doesn’t provide judicial with more power as no unconstitutional law can be binding on the people anyways
“…The courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the [legislature] within the limits assigned to their authority.”
The power of the people trumps both, so when the will of the legislature stands in opposition to that of the people in the const. the judged should be governed by the later
Letter from a Birmingham Jail
Need to understand: illustration of how equal protection clause supported and motivated social movements
Context:
In 1963 King led a campaign to desegregate Birmingham’s downtown shopping district, many participants including King were arrested
group of white clergies published letter in newspaper saying such disruptive practices were not effective and black people in Birmingham needed to be patient for the white people to work through the courts and legislatures to get rights
Letter replies to white clergy men
King addresses why he was in Birmingham
“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny”
addresses criticism of non-violence tactics
non-direct action was meticulously planned and participants trained for possible brutality and violence
creation of tension purpose—meaningful negotiation will never occur unless a crisis raises the stakes
“We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.” — the notion of being patient from the clergy could never be a reality for them
urgency of action is justified as they’ve always been told to wait to no avail, and they had been waiting 334 years
the only way someone could rightly ask them to wait is if they’ve never been on the receiving end of humiliation, discrimination, and segregation
expresses disappointment in clergy for moderation as the greatest hindrance were white moderates more focused on order than justice
“We will have to repent in this generation not merely for the vitriolic words and actions of the bad people but for the appalling silence of the good people.”
their cause is a righteous one
King embraces the title of extremist by stating Jesus and Socrates were considered ones as well
ends letter stating that their destiny is tied with the destiny of America and yet despite all the humiliation and injustice they’ve endured, and they will continue to do so overcoming the opposition now for righteousness will prevail.