EXAM PREP: required document deep dives
Document | Author | Main Points |
---|---|---|
Declaration of Independence | Thomas Jefferson (primary)- authorized by Second Continental Congress | Declared Independence from Britain - justification for “divorce”Identified Natural Rights - Life, Liberty, Pursuit of Happiness and gov.’s job to protect themInfluenced heavily by John LockeConsent of the Governed; Popular Sovereignty; Social Contract TheoryLimited government |
Articles of Confederation | John Dickerson- authorized by Second Continental Congress | Confederal Government; Weak- Congress not given many powersUnicameral LegislatureEach State = 1 vote (2-7 delegates); 9/13 votes needed to pass lawsNo Executive / No JudicialNo power to raise an army |
U.S. Constitution | Written by Constitutional Convention | Outlines the structure of the governmentThree branches of government w/ check and balancesRelationships between statesAmendment process27 Amendments (including the Bill of Rights) |
Federalist No. 10 | James MadisonFederalist Papers | Factions are inevitable - cannot destroy them, so must manage themLarge Republic is the best form of government to address factions - too difficult for any one faction to gain power; less likely for corruptionPluralism --> many factions competing for influence leads to only the best ideas being enactedPrevents tyranny of the majority; Views of people will be “refined and enlarged” by their elected representatives |
Brutus 1 | Robert YatesAnti- Federalist | Constitution gives too much power to central governmentNecessary and Proper Clause (Elastic Clause) is a blank check to CongressSupremacy Clause -- state governments will be obsolete; impotentToo large a country for Congress to represent local concerns; ineffective because too many views (factions) form consensusCan do away with States governments, creating one powerful state.Standing Army in peacetime is a destruction of libertyOnce you give up power the only way to get it back is by force -- “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.” |
Federalist No. 51 | Madison or HamiltonFederalist Papers | Power is divided betweenthree branches of government, each w/ little control over the othernational/ state government; House and Senate are divided & elected in different ways (back then)Checks and Balances -- Gov. must be powerful enough to control the people, but also control itself -- separate but equal powersAll keep power from becoming too centralized -- prevent one person/one group from taking over the government“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 | Alexander HamiltonFederalist Papers | Argues for a single, “energetic” executive (president)“energy in the executive is the leading character in the definition of good government.”President must be single person; having a dual executive or committee will lead to confusion, disagreement, and inability to act decisivelyDebate and disagreement are good for Congress, poison for the presidentPresident needs to be able to act swiftly and decisively to respond to crisesHaving a single president makes the executive easily accountable; multiple presidents = finger-pointing and shifting blameRejects a plural executive, instead a Cabinet of advisors to the President |
Federalist No. 78 | Alexander HamiltonFederalist Papers | “The least dangerous branch” -- Independent and inherently weaker than the other 2 branches -- cannot 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.”Judiciary must be independent; case for lifetime appointmentsThe power of judicial review -- job is to interpret the ConstitutionArgues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution impartially. Hamilton viewed this as a protection against abuse of power by Congress. |
Letter from a Birmingham Jail | 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 (14th Amendment Equal Protection Clause)Nonviolent direct action seeks to create urgency for legislative actionCountered the claim that civil rights protesters were agitating, they were merely pointing out tensions that already existed (uncomfortable truths)Owns extremism in support of a noble cause, such as fulfilling the promise of America (so long as it fits the tenets of nonviolence) |
PREAMBLE
We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity do ordain and establish this Constitution for the United States of America.
ARTICLE I (almost 50% of the Constitution) The Congress consisting of the House of Representatives and the Senate: qualifications, powers, duties, terms of office, regulations, rules, privileges, relationships to states
Section 1: bicameral
Section 2: House details
Section 3: Senate details
Section 7: how a bill becomes a law
Section 8: Enumerated (expressed) Powers; commerce clause; elastic clause
Section 9: Denied powers
ARTICLE II The Presidency: term, qualifications, duties, powers
ARTICLE III The creation of the judicial system and the Supreme Court: qualifications, jurisdictions, powers. Establishes trial by jury
ARTICLE IV The sanctity of the individual states: full faith and credit clause; rights of citizens, relationship between the states, admission of new states, and protection from the government
ARTICLE V How the Constitution may be amended (proposed by 2/3 both houses or states; ratified by 3/4 states.)
ARTICLE VI Declares the Constitution the Supreme Law of the land (supremacy clause)
ARTICLE VII Original requirements for ratification (9 states)
BILL OF RIGHTS (1791)
Freedom of speech, religion (establishment and free exercise), press, assembly, and petition
The right to own and bear arms
Quartering of soldiers
Protection of citizens against illegal search and seizure of private property
Freedom from self-incrimination, double jeopardy, right to due process
Criminal trials: right to a speedy trial with witnesses, right to a lawyer
Right to a trial by jury in a civil case
Protection against excessive fines, cruel and unusual punishment
Constitution is not an exclusive list of rights
States retain all privileges not given to the Federal government
ADDITIONAL AMENDMENTS
(1798) Interprets judicial powers
(1804) Sets guidelines for electing the President and Vice President
(1865) Abolishes the practice of slavery
(1868) Defines citizenship and limits states from violating the equal protection of all citizens. Source for selective incorporation.
(1870) Prohibits limiting the right to vote based on race
(1913) Authorizes the collection of federal income tax
(1913) Provides for election of Senators by direct popular vote
(1919) Prohibits the manufacture, sale or transportation of liquor
(1920) Gives women the right to vote
(1933) Changed inauguration day from March to January (shortened lame duck period)
(1933) Repealed 18th Amendment (prohibition)
(1951) Limits the President to 2 terms or 10 years
(1961) Grants Presidential voting rights to the District of Columbia
(1964) Bars poll tax in federal elections
(1967) Provides for Presidential disability and succession
(1971) Lowers the legal voting age to 18
(1992) Congressional pay raises take effect only after next election
Document | Author | Main Points |
---|---|---|
Declaration of Independence | Thomas Jefferson (primary)- authorized by Second Continental Congress | Declared Independence from Britain - justification for “divorce”Identified Natural Rights - Life, Liberty, Pursuit of Happiness and gov.’s job to protect themInfluenced heavily by John LockeConsent of the Governed; Popular Sovereignty; Social Contract TheoryLimited government |
Articles of Confederation | John Dickerson- authorized by Second Continental Congress | Confederal Government; Weak- Congress not given many powersUnicameral LegislatureEach State = 1 vote (2-7 delegates); 9/13 votes needed to pass lawsNo Executive / No JudicialNo power to raise an army |
U.S. Constitution | Written by Constitutional Convention | Outlines the structure of the governmentThree branches of government w/ check and balancesRelationships between statesAmendment process27 Amendments (including the Bill of Rights) |
Federalist No. 10 | James MadisonFederalist Papers | Factions are inevitable - cannot destroy them, so must manage themLarge Republic is the best form of government to address factions - too difficult for any one faction to gain power; less likely for corruptionPluralism --> many factions competing for influence leads to only the best ideas being enactedPrevents tyranny of the majority; Views of people will be “refined and enlarged” by their elected representatives |
Brutus 1 | Robert YatesAnti- Federalist | Constitution gives too much power to central governmentNecessary and Proper Clause (Elastic Clause) is a blank check to CongressSupremacy Clause -- state governments will be obsolete; impotentToo large a country for Congress to represent local concerns; ineffective because too many views (factions) form consensusCan do away with States governments, creating one powerful state.Standing Army in peacetime is a destruction of libertyOnce you give up power the only way to get it back is by force -- “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.” |
Federalist No. 51 | Madison or HamiltonFederalist Papers | Power is divided betweenthree branches of government, each w/ little control over the othernational/ state government; House and Senate are divided & elected in different ways (back then)Checks and Balances -- Gov. must be powerful enough to control the people, but also control itself -- separate but equal powersAll keep power from becoming too centralized -- prevent one person/one group from taking over the government“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 | Alexander HamiltonFederalist Papers | Argues for a single, “energetic” executive (president)“energy in the executive is the leading character in the definition of good government.”President must be single person; having a dual executive or committee will lead to confusion, disagreement, and inability to act decisivelyDebate and disagreement are good for Congress, poison for the presidentPresident needs to be able to act swiftly and decisively to respond to crisesHaving a single president makes the executive easily accountable; multiple presidents = finger-pointing and shifting blameRejects a plural executive, instead a Cabinet of advisors to the President |
Federalist No. 78 | Alexander HamiltonFederalist Papers | “The least dangerous branch” -- Independent and inherently weaker than the other 2 branches -- cannot 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.”Judiciary must be independent; case for lifetime appointmentsThe power of judicial review -- job is to interpret the ConstitutionArgues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution impartially. Hamilton viewed this as a protection against abuse of power by Congress. |
Letter from a Birmingham Jail | 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 (14th Amendment Equal Protection Clause)Nonviolent direct action seeks to create urgency for legislative actionCountered the claim that civil rights protesters were agitating, they were merely pointing out tensions that already existed (uncomfortable truths)Owns extremism in support of a noble cause, such as fulfilling the promise of America (so long as it fits the tenets of nonviolence) |
PREAMBLE
We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity do ordain and establish this Constitution for the United States of America.
ARTICLE I (almost 50% of the Constitution) The Congress consisting of the House of Representatives and the Senate: qualifications, powers, duties, terms of office, regulations, rules, privileges, relationships to states
Section 1: bicameral
Section 2: House details
Section 3: Senate details
Section 7: how a bill becomes a law
Section 8: Enumerated (expressed) Powers; commerce clause; elastic clause
Section 9: Denied powers
ARTICLE II The Presidency: term, qualifications, duties, powers
ARTICLE III The creation of the judicial system and the Supreme Court: qualifications, jurisdictions, powers. Establishes trial by jury
ARTICLE IV The sanctity of the individual states: full faith and credit clause; rights of citizens, relationship between the states, admission of new states, and protection from the government
ARTICLE V How the Constitution may be amended (proposed by 2/3 both houses or states; ratified by 3/4 states.)
ARTICLE VI Declares the Constitution the Supreme Law of the land (supremacy clause)
ARTICLE VII Original requirements for ratification (9 states)
BILL OF RIGHTS (1791)
Freedom of speech, religion (establishment and free exercise), press, assembly, and petition
The right to own and bear arms
Quartering of soldiers
Protection of citizens against illegal search and seizure of private property
Freedom from self-incrimination, double jeopardy, right to due process
Criminal trials: right to a speedy trial with witnesses, right to a lawyer
Right to a trial by jury in a civil case
Protection against excessive fines, cruel and unusual punishment
Constitution is not an exclusive list of rights
States retain all privileges not given to the Federal government
ADDITIONAL AMENDMENTS
(1798) Interprets judicial powers
(1804) Sets guidelines for electing the President and Vice President
(1865) Abolishes the practice of slavery
(1868) Defines citizenship and limits states from violating the equal protection of all citizens. Source for selective incorporation.
(1870) Prohibits limiting the right to vote based on race
(1913) Authorizes the collection of federal income tax
(1913) Provides for election of Senators by direct popular vote
(1919) Prohibits the manufacture, sale or transportation of liquor
(1920) Gives women the right to vote
(1933) Changed inauguration day from March to January (shortened lame duck period)
(1933) Repealed 18th Amendment (prohibition)
(1951) Limits the President to 2 terms or 10 years
(1961) Grants Presidential voting rights to the District of Columbia
(1964) Bars poll tax in federal elections
(1967) Provides for Presidential disability and succession
(1971) Lowers the legal voting age to 18
(1992) Congressional pay raises take effect only after next election