Important Documents

Declaration of Independence: written by Thomas Jefferson in 1776

• Declared that the colonies are now independent from their previous British government

• Declared that people have inalienable rights: (life, liberty, and the pursuit of happiness)

• Written to declare independence from British rule and establish a new country

The Articles of Confederation: written by Benjamin Franklin in 1777

Weaknesses of AOC

• nine out of the thirteen states had to approve any law before it was enacted

• there was no executive branch

• no national judicial systems

• Congress couldn’t have a national military

• Congress couldn’t regulate trade or currency between the states or with other countries

• Congress had no power to prevent states from breaking laws

• any amendment to the Articles required the approval of all 13 states

Constitution: written by James Madison in 1787-1788

• Defines the fundamental law of the federal government

• Determines three principle branches of he federal government and outlines their jurisdictions.

• Replaced the Articles of Confederation and made the federal government more powerful.

• Created after the Articles of Confederation failed; demonstrated by Shay’s Rebellion

Federalist 10: Written by James Madison in 1787

-The purpose: To explain how a federal government disallows chaos caused by factions and their spread across state borders

-Faction: A small society defined by a common interest and/or location

-Madison’s claims on how to control factions: checks and balances; representation for each faction in a larger government

-Madison’s claim on why it is impossible to abolish all factions: factions are simply people bonding over their interests, and people and their opinions cannot be entirely suppressed in the name of democracy and liberty

Brutus 1: Written by Robert Yates in 1787

-The purpose: To explain the Constitution’s shortcomings in the handling of factions.

• Brutus believes that smaller and state governments will be more likely to protect personal liberties.

• Brutus expresses his fear that federal governments will overrule state government rulings and cause legislation to become out of touch with the people it is supposed to protect and represent.

• Brutus predicts that future government representatives would abuse their power and not come to conclusions due to various opinions.

Comparing Brutus 1 and Federalist 10:

Agreements:

• Factions can be problematic

• Factions are bound to be problematic

• the government should be fair and protect the people’s liberties and freedoms

• government should be built on representation

• Brutus believed that public officials would be easily corrupted, while Fed 10 believe that it wouldn’t be likely.

• Brutus believed that the proper size of a republic should be smaller, ie. the states, and Fed 10 believes that the republic should be the entire United States that we have today (larger and over a larger variety of people).

• Brutus believed that the people should have as much power as possible in the governmental system and Fed 10 believes that the people should have enough power, but only through representatives.

Important Cases:

Marbury vs. Madison

Date: 1803

Parties involved: Adams/The Federalists vs. Jefferson/Democratic-Republicans/Madison

Reason for the case:

John Adams named Marbury and several other justices just before his last day in office. Some of the commissions were not delivered before his term ended, so Jefferson took office and shut down the process. Marbury sued Jefferson’s new secretary of state (Madison) for vetoing his commission, and the case was taken to the Supreme Court.

Ruling and significance:

The case ruled that the federal courts have the power to declare legislative and executive acts unconstitutional. It established the principle of judicial review.

US vs Lopez

Date: 1994

Parties involved: United States vs. Lopez

Reason for the case:

There was debate over whether the 1990 Gun-Free Schools Act (at the state level) was unconstitutional or not because it exceeds the power of Congress to legislate under the Commerce Clause.

Ruling and Significance:

This was the first case where the court held that Congress had exceeded its powers to legislate under the Commerce Clause.

McCulloch vs. Maryland

Date: 1819

Parties involved: James McCulloch vs. State of Maryland

Reason for the case:

When McCulloch refused a tax, the US government appealed to the Supreme Court because McCulloch claimed that a national bank was unconstitutional.

Ruling and Significance:

The Supreme Court ruled that although the Constitution doesn’t technically grant Congress the power to create a national bank, the authority to do so is protected under the Necesary and Proper Clause. The case established implied powers and national supremacy.

Plans for new government in 1787

New Jersey Plan:

• Unicameral legislature

• Equal representation in the House

• Executives chosen by the legislative branch

• Legislative branch has no veto powers

• Removal of those in the legislative by the states

• Judges appointed for life by the executive branch

Virginia Plan:

• Bicameral legislature

• Representation is based on population or monetary contributions to federal government

• A single executive is chosen by the legislative branch

• One term only

• Executive can veto legislative acts

• Executive can be removed from Congress

• Judges are chosen by the legislative branch

Compromises

3/5ths Compromise

-The southern states wanted slaves to count as part of the population so they would have more representation in Congress

-Northern states wanted slaves to not count as population because they had fewer slaves and wouldn’t get as much representation in a Congress

-Compromise: 3:5s of the slave population of a state counted in Congressional representation

Great Compromise

-Virginia plan wanted bicameral legislature and representation based on population

-New Jersey plan wanted unicameral legislature and representation equal for each state

- Compromise: The number of representatives in the House of Representatives is based on population and the Senate has two representatives from each state

Slave Trade Compromise

The federal government would not touch slave trade or use for 20 years and banned taxing exports on for the states.

Electoral College

People would vote for the president they want, those votes are evaluated by an appointed member in the electoral college for your region/state, they put in their vote as a representation of the votes they received. The Electoral College more directly elects the president than the average voter, but everyone has influence.

Major Divisions

Federalists:

• Favored the Constitution

Main Arguments of the Centralist v Decentralist Debate

Centralists

A strong federal government can protect the nation from external and internal threats and dangers.

Decentralists

Strong state governments are more personal to the people and have less opportunity to be corrrupt.

Amendment Processes

Most Common:

Proposition by Congress with a 2/3 majority vote in both the House and the Senate.

Checks and Balances vs. Seperation of Powers

Vocabulary