Documents Flashcards
(22 cards)
Who wrote the Declaration of Independence and what was hypothesized as the authors goal?
Thomas Jefferson’s famous break-up letter to the king. 1776
Jefferson seemed to want to set up free and independent states, but organized, so it looks more like a Confederation (which has voluntary membership like the UN)
What are the foundations of the American government and based of what doc?
Natural Rights, Popular Sovereignty, and Social Contract (Declaration of Independence)
Was government created by the Declaration of Independence?
No government was created by the declaration, just separated us from Great Britain and declared us independent.
What is a social contract?
An agreement between the people and their government, defining the rights and duties of each (Life, liberty, and the pursuit of happiness), (government by men), (alter, abolish, make new)
What is popular sovereignty?
The principle that the government’s power ultimately comes from the people, or the “consent of the governed
What are grievances?
Formal complaints or issues that citizens have with the government or its policies (refused good laws), (taxes without consent), (quartering troops)
What were the declarations?
(Free and independent states), (States levy war, commerce), (breaking away from Britain)
What are the Articles of Confederation?
First formal government. Weak central government. States were sovereign, each state had 1 vote in Congress
No executive or judicial branch. Lacked the ability to tax as a central government
Congress could declare war and make treaties, although treaties were often ignored by the states. Congress could borrow money and raise an army, even though they had no taxes to pay for it.
States controlled their own currency, tariffs, and controlled their own commerce
What type of government was established under the Articles of Confederation?
A confederacy
How can power be divided?
Local power - Confederacy
Shared power - Federation
Central power - Unitary
What is The Constitution?
(September 17, 1787 version without a Bill of Rights. It had the 7 articles that detailed government, no amendments.) (1791 - 1st ten Amendments added. Bill of Rights) (27 total amendments today)
(Preamble, Articles, sections, clauses, Amendments)
What are the 7 articles of the constitution?
L-egislative powers
E-xecutive powers
J-udicial Powers
S-tate powers
A-mendment process
S-upremacy clause (here federal and state laws conflict, federal law shall be the supreme law of the land.)
R-atification process
What is the Constitution word for word?
“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.”
Principles of the Constitution?
Checks and Balances
Separation of Powers
Limited Government
Federalism
Judicial Review
Popular Sovereignty
What was the Anti-Federalists’ response to the Federalist Papers?
A written response. Brutus.
What is Brutus?
Argument against ratifying the US Constitution. Prefers power to be held by smaller, local governments. Argues it is more democratic this way with people having more direct say on policy…doesn’t want a large republic.
Opposed the Elastic Clause (Necessary and Proper), believing Congress will have unlimited power because of this.
Opposed the Supremacy Clause
Opposed taxation by central government….taxation is engine of tyranny
Believed standing armies would destroy liberty, Afraid federal government will destroy states
Smaller republics are the answer, with similar people
What is Fed 10?
Madison
Factions (groups with interests that oppose one another / parties / interest groups) are the biggest threat to a republic.
Believes democracy cannot control the negatives of factions
Majority factions will be “tyrants” to smaller groups
Can’t get rid of factions, as that destroys liberty. Must control their negative effects.
Larger republics are the best way to control factions and protect minority rights
The larger the republic, the more factions, leading to diluted power
for each faction. No one faction will become too powerful.
What is Fed 51?
Madison
Check and Balances and Separation of Power
“If Men were angels, no government would be necessary…you must first enable the government to control the governed…and oblige it to control itself.”
Men aren’t angels, so we need government. The men in the government aren’t angels either, so we need to control them too. Separation of Power into 3 branches does this.
Ambition must check ambition. Branches will want more power, so we must guard against that with Checks and Balances.
What is Fed 70?
Hamilton
-In favor of a unitary executive, instead of a council
-A Single Executive is more powerful than dividing power into a group. A single executive is more effective and efficient. Responds faster during crises.
-Weak executives lead to weak or inefficient government.
It is good for Congress to be slow, but the Executive must be fast. Lawmaking is real power, but once laws are made, they need to be enforced quickly
-Public opinion keeps a single executive accountable. We know who to blame
What is Fed 78?
Hamilton
-Arguing for an Independent Judiciary with judicial review.
-Argues judges need a life term.
-The judiciary must be completely independent of the other two branches in order to insulate it from politics. They can rule on the Constitutionality of laws of Congress and actions of the Executive, without worrying about reelection or pay.
-It is ok to give them this much power, as they are the weakest branch, with no war powers, they rely on others to enforce their decisions
-They have “Neither Force, nor Will, merely judgement.”
-Life term discourages the appointment of incompetent or dishonest judges
Letter from Birmingham Jail?
–King is demanding the fulfillment of Jefferson’s Declaration of Independence and the words of the 14th Amendment for ALL people.
All Men are created equal….We the People….Equal Protection (14th Am). It is time for us to live up to these words.
-Defends his tactics of Civil Disobedience
-“An unjust law is no law at all.” Jim Crow is immoral, going against Natural Rights, so you don’t have to follow those laws. Not only that, but it is your
-Right to break it, and your duty.
