Foundational Documents Flashcards
(12 cards)
Declaration of Independence core ideas
- Natural Rights: All men are endowed with “unalienable rights,” including life, liberty, and the pursuit of happiness.
- Social Contract: Governments derive power from the consent of the governed. When they fail to protect rights, citizens have a right to revolt.
- Grievances: The bulk of the document is a list of abuses by King George III—dissolving colonial legislatures, quartering troops, imposing taxes without consent, and more.
structure under Articles of Confederation
- A unicameral Congress.
- No executive or judicial branch.
- Each state got one vote.
- Amendments required unanimous approval.
powers Congress HAD under Articles of Confederation
- Declare war
- Make treaties
- Borrow money
- Maintain an army/navy
powers Congress DIDNT HAVE under Articles of Confederation
- Couldn’t tax
- Couldn’t regulate interstate commerce
- Couldn’t enforce laws or court rulings
- Couldn’t draft soldiers
- Needed 9/13 states to pass major legislation
Why did the Articles of Confederation collapse?
- Economic chaos: inflation, trade wars between states
- Shays’ Rebellion highlighted weaknesses
- Foreign policy failure: no unified diplomatic voice
- prioritized state sovereignty over national unity
what was the solution posed in Fed 10 + legacy
problem with factions (contracts Brutus 1)
* Don’t suppress liberty (that would be tyranny).
* Instead, control the effects of factions via a large republic.
* A representative democracy refines and enlarges public views.
* A large republic dilutes factional influence across many interests and regions.
Legacy:
* Justifies pluralism and a large federal system.
* Supports the constitutional structure: federalism + a bicameral legislature.
solutions posed in Fed 51
problem: How do you prevent any one branch from becoming too powerful? (structural protections against tyranny)
- Separation of Powers: Legislative, Executive, Judicial.
- Checks and Balances: Each branch can limit the others.
- Humans are flawed (“if men were angels…”), so power must check power.
- Encourages federalism: power further divided between state and national governments.
Legacy:
supports
ideas like judicial review, bicameralism, veto power, and impeachment—all mechanisms to avoid tyranny.
Fed 70 argument
single, energetic executive (aka one strong president)
- Unity = accountability. One person can be held responsible for decisions.
- Speed & secrecy in national defense, law enforcement, foreign affairs.
- Multiple executives would create conflict, blame-shifting, and slow responses.
- FEARED: weak leadership leads to legislative dominance (tyranny by slow committee)
Fed 78 argument
Hamilton defends the judiciary, especially judicial review, as a guardian of the Constitution.
- Judiciary is the “least dangerous branch”—it has no money (Congress) or army (Executive).
- Judges should serve for life to ensure independence.
- Introduces the concept of judicial review: courts can strike down unconstitutional laws. (philosophical basis for Marbury v Madison)
Brutus 1 argument
warning that centralized power would erode state authority and threaten liberty.
Core Concerns:
* Supremacy Clause + Necessary and Proper Clause gives too much power to the federal government.
* Fears of an elite ruling class: too far removed from the people.
* Large republics lead to corruption, distant government, and loss of liberty.
* Standing armies = instruments of oppression.
Vision:
* Favored a small, decentralized government
* Believed only a decentralized democracy (small republics where leaders stay closely accountable to their constituents) could preserve liberty
articles of the Constitution
- I: Legislative Branch (Congress)
- II: Executive Branch (President)
- III: Judicial Branch (Supreme Court)
- IV: states (relationships between them, relationships with fed, admitting new states)
- V: outlines process of amending
- VI: supremacy clause
- VII: Ratification
main ideas + relevance of Birmingham Jail
- Injustice anywhere is a threat to justice everywhere.
- Civil disobedience is justified when laws are unjust.
- Advocates for nonviolent direct action to create tension and force negotiation.
- Criticizes white moderates who prefer “order over justice.”
- Urges moral responsibility over blind obedience to law.
Relevance:
* embodies the moral vision behind American government and civil rights (uses Jefferson’s natural rights philosophy)