Foundational Documents
The Articles of Confederation (1776 - 1787)
states have a lot of independence
no central executive
no federal power to tax citizens directly
federal government could raise an army (but not pay for it), print money, declare war, and run the post office
9/13 states required to pass a law
states could get away with taxing and printing money and making foreign treaties
Shay’s Rebellion showed the weaknesses of the Articles and catalyzed Constitutional convention (1787)
Brutus 1
participatory model
feared the decrease of personal liberties in a larger republic like the U.S.
a large centralized government could not adequately represent the views of the people because it would be largely separated from them
advocated for a small, decentralized government w/ more power reserved for state governments
The Constitution (1787)
Articles 1-3: set up the three branches of government
1-legislative
article 1, section 8 - necessary and proper clause
power to draft and pass legislation, borrow money for the nation, declare war and raise a military.
2- executive
power to issue executive orders + executive agreements
making treaties with other nations
appointing federal judges, department heads and Ambassadors
runs military
3-Jusidical
Article 4: The States
Article 4, section 2 - supremacy clause
determines how new states can join the union
states should respect each other’s laws and decisions made by their court systems
privileges and immunities clause - prevents states from discriminating against people from out of state
Article 5 - Amendments
states and Congress both have the right to start amendment process
Proposal:
2/3 vote in Congress
2/3 vote of national convention called by congress at the request of 2/3 state legislatures
Ratification:
passage by ¾ state legislatures
passage by ¾ of special state conventions
Article 6 - Debt, supremacy, oaths
constitution = supreme law of the land and everyone has to follow it
Article 7 - ratification of the constitution (everyone’s signatures)
Bill of Rights (amendments 1-10)
1 - freedom of speech, press, religion, assembly, and petition
2- right to bear arms
3 - citizens don’t have to house soldiers
4 - no unreasonable search or arrests
5 - no double jeopardy (changed for same crime twice) or witness against yourself
not deprived of life, liberty, or property without due process of the law
private property can’t be taken for public use without compensation
6 - speedy and public trial with an impartial jury
7 - right to trial by jury in civil matters of $20 or over
8 - no excessive bail. no cruel or unusual punishments
9 - rights not listed in the constitution are given to the people
10 - powers not given to federal government are given to the states and people
Amendments 11-27
11 - protects states from being sued by citizens of other states or foreign countries
12 - separate president and VP ballots
13 - abolished slavery
14 - if you are born or naturalized in the US, you’re a US citizen
15 - you cannot prevent a person from voting bc of race or color
16 - gives congress the power to collect income tax
17 - popular election of Senators **
18 - prohibition
19 - women get the right to vote
20 - president takes office on Jan 20 instead of March 4
21 - repeal prohibition
22 - 2 term presidency
23 - Washington DC residents can vote for president (gets seats in electoral college)
24 - anti poll tax
25 - rules for who becomes president if president dies or resigns
26 - voting age is 18
27 - congress cannot accept a pay raise until next term
THE DECLARATION OF INDEPENDENCE (1776)
Federalist 10: James Madison
pluralist democracy
with so many competing factions in a large republic, liberty would be upheld by their competition
they all cancel each other out
concerned about factions (groups of people who believe their interests are more important than any other interest)
if majority always prevailed, then minority would never be heard
Madison said you can either take away the causes of factions (strips liberty) or manage their effects
manage mischiefs of factions, delegating authority to elected representatives
and dispersing power between the states and national government
there was a double protection against the tyranny of factions because of
the separation of powers in the federal government and the sharing of power between the federal and state governments
The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and Insurrection
Federalist 51 - James Madison
explains how constitutional provisions of separation of powers and checks and balances control potential abuses by majorities
separation of powers would make the government efficient, dividing responsibilities and tasks
Federalist 70 - Alexander Hamilton
executive branch should only have the president - used British monarchy as an example
proposed term limits as a way to limit presidential power
term limits not set until 1951
The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments
Federalist 78 - Alexander Hamilton
The Judiciary Department
“LETTER FROM A BIRMINGHAM JAIL” (BY MARTIN LUTHER KING, JR.)
why nonviolent protest against segregation was needed and the most effective
in response to “A Call for Unity”, in which a clergy denounced his actions
they felt that segregation could be most effectively countered through the courts
taking protests to the streets was a legal, political, and religious obligation
used nonviolent methods such as sit-ins and marches to create constructive tension, which could encourage discussions about race in America — this was not possible through the courts
said that he and his followers are advocating for the rights already given to them by the Equal Protection Clause
says that an unjust law does not have to be obeyed