AP Gov Required Documents MASTER

-Social contract theory- require consent of the governed
-People can abolish destructive government
-Telling British people they've already told the grievances- ignored colonist- in war=enemies, in peace=friends
ARGUMENTS:
unalienable rights- life, liberty, property
establish gov to protect rights
gov gets power from the people
right/ duty to overthrow
(Last 2= Social Contract Theory)
GRIEVANCES:
taxation w/o representation
quartering troops
trial w/o jury
dissolving colonists' representative governing bodies
controlling judges
DJJTQ (Dissolving government, judge control, jury (none), taxation, quartering troops)

1st guiding doc for U.S. government
Equal representation in one house congress
GOOD: NW Ordinance- slaver/ splitting new territory
WEAKNESSES:
1. No power to tax (borrow state $, but the states are broke!)
2. No president/ executive
3. No judiciary
4. No power to regulate interstate commerce
5. 9/13 states to pass law
6. 13/13 states to change/ amend it
LIMITED POWERS OF CONGRESS:
1. Can borrow $
2. Can declare war
3. can sign treaties
4. can create national army/ navy (unpaid/ can't draft)
Shown weak by Shay's Rebellion (national gov problems raising an army/ stopping rebellion)
(JIET-9-13) Judiciary, Interstate Commerce, Executive, 9/13 law, 13/13 amend

The Constitution outlines the structure of government and powers of each branch. Article 1 gives Congress the power to make laws, with the House and Senate established and specific qualifications and powers for each. It covers representation, impeachment, and Congress’s enumerated powers like taxation, declaring war, and regulating commerce. Article 2 creates the Executive Branch, setting presidential requirements, election procedures, and powers such as commander in chief, treaty-making, and appointments. Article 3 establishes the Judicial Branch and the Supreme Court. Article 5 explains the amendment process, and Article 6 contains the Supremacy Clause, making the Constitution the highest law of the land.

Factions inevitable

Cure factions= eliminate freedom (no) or representative democracy- well controls factions

pure democracy- cannot control factions

pluralist theory- all these groups compete in a republic so you get compromise

Federalism- if representative focused on national issues- don't worry because you have a state government- controls factions (power splintered so one group can't control multiple states)

Fact10ns

-Written to dissuade readers from supporting Constitution at Constitutional Convention

-Necessary & Proper Clause and Supremacy Clause give federal gov unlimited power

-Representatives in government would be too far removed from the people in a large republic

-All important powers given to federal government

-Does not like federal government power to tax (increases all other powers)

-Standing army (profession soldiers even in time of peace)= destruction of liberty

-Federal courts will destroy state courts

(IACRUT-Important Powers, Army, Courts destroy courts, Representation, Unlimited Power, Taxation)

Sets up checks and balances

Echoes Montesquieu

-3 branches of government

-Each branch self sufficient, but have power over the others to prevent tyranny

-Congress naturally being most powerful should be further divided- House & Senate

-This style of government tames factions

Montesquieu 52

life terms (tenure) for judiciary:

-prevent legislative encroachment

-necessary if courts are going to be able to defend the constitution

-Judiciary is naturally weakest of branches

-Judiciary must be independent to rule laws that violate the constitution, unconstitutional

78 judiciate

In Letter from a Birmingham Jail, the idea that a strong executive does not contradict a republican government is emphasized. Good government requires energy—meaning power, influence, flexibility, and the ability to act quickly to protect national security and uphold laws. Energy in the executive branch is essential to carry out laws, protect property, prevent anarchy, ensure liberty, make swift decisions, maintain secrecy, and take decisive action. This energy comes from unity, meaning that executive power should rest in one person. While plurality is beneficial in Congress for deliberation, having multiple executives would slow decision-making and weaken effective governance.