Foundational Documents

• Brutus No. 1


  • This vs. Federalist 10 - against Constitution
  • argued Confederacy>Republic
  • with the necessary and proper clause and the supremacy clause, state governments would become useless
  • if federal collects taxes, how still states too (people will get mad), but at the same time if state don't collect, they'll die
  • if federal courts trump state courts, states will become useless
  • republic must be small
  • nation as large as U.S can't represent everyone
• Federalist No. 10


  • James Madison - dangers of factions
  • they try to dominate government and impose own interest
  • threat to liberty
  • Solutions
  • stop them from every forming (destroys liberty)
  • limit their effects (impossible make everyone have same opinion)

  
  

  • Republic is best option
  • more people, more factions
  • no majority
  • have to compromise
• Federalist No. 51


  • Madison - if people were angels, no government is needed
  • purpose of government is to protect liberty of people
  • Question is how to create government powerful enough to protect, but not enough to take away
  • Solution: separation of powers + checks and balances
  • each branches needs as much independent power as possible
  • and that amount of power be as equal as possible
  • legislative a lot of power, so break into more branches in branch
  • Congress into 2 - bicameral legislature
  • House of Representatives
  • Senate
  • federalism
  • liberty will be upheld
  • just like factions
• Federalist No. 70


  • Hamilton - need for single executive - President

  Unity

  • energetic executive - 1 vs. many conflicting opinions
  • more executives, less energy, bad in an emergency
  • justifies saying legislative however needs long debating, good for them, bad for executive

  Responsiblity

  • if power is abused - hard to find who's responsible with multiple
  • vs. 1 to blame for single President
• Federalist No. 78


  • Hamilton - Judicial branch system
  • life tenure + power
  • all judges - life time term under "good behavior"
  • appointment - to keep independent from politics (voting)
  • rule with impartiality, don't have to worry about people for reelection
  • lots of learning for new terms
  • Judicial review - in line the Constitution - not over powerful
  • Just calls out violation, show that people are superior and protecting their rights is first
• Letter from a Birmingham Jail by MLK 


  • Equal Protection Clause of the 14th amendment - supported social movements
  • MLK - non violent direct action
  • people always told them "be patient"
  • to wait means never

  1. why he's there - injustice
  2. Justify non violent direct action - to create tension/urgency, will not wait because change will never happen
  3. Express disappointment with white moderate - more devoted to order than justice
• The Articles of Confederation

  • Articles - Confederacy - several powers unite to form central (13 states)
  • most power in states at expense of federal government
  • states are supreme
  • federal - 1 branch (legislature) - no president - no court - each state has 1 vote
  • central can't raise national military - states responsible for each own
  • Congress can't declare war unless 9/13 states agree
  • all states agree to amend/change (13/13)
• The Declaration of Independence


  • Thomas Jefferson
  • document was very public

  Purposes:

  • to rally troops to fight at home and secure foreign allies to help win war
  • Jefferson - rights don't come from government or king, can't be taken, this is the whole point of the government, to protect rights
  • power of government comes from the governed, people create governments to protect their rights
  • when any government infringes on rights, people can alter or abolish it