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Foundational Documents and the Balance of Power in American Government

Foundational Documents 1. Federalist #10 · Claims: a. The Constitution has designed a representative republic to control the effect of violence and chaos of the factions. b. A Republics structure can better handle a greater number of citizens and a larger country like the U.S c. Large number of voters will more likely be better at picking out corrupted representatives 2. Brutus No. 1 · Claims: a. An Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution That has uph b. The immense power of the federal government requires the people to sacrifice their liberties c. A bill of rights was necessary to protect the people from the government d. Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause e. A free republic cannot exist in such a large territory as the United States Judicial authority will broaden federal government's power (thus, tyranny) 3. The Declaration of Independence · Claims: a. All people created equal (Natural Rights of Life, Liberty, Property) b. Governments are created to protect these rights c. If Gov't does not protect these rights, then the People have the duty to change/destroy d. Imperfect gov'ts should not be destroyed, only ones that seek to subject the People to Tyranny (destruction of Natural Rights) BIG IDEA: A balance of power between governmental power and individual rights has been a hallmark of American political development. 4. The Articles of Confederation · Claims: a. Confederation of states, with an extremely limited central government. b. limitations placed upon the central government rendered it ineffective at governing the continually growing American states c. Each state remains sovereign d. Unicameral legislature, each state one vote e. No President, No Judiciary, Could not force taxation; No standing Army 5. The Constitution · Claims: a. States the powers given to the government and can be used and or cited in court (Constitution as Supreme Law) b. Outline of federal gov't structure, powers, and limits to those powers c. Three branches (L, E, J) [Sep. of P's] that can limit each other [Ch & B's] d. Federal system of government . Blueprint for American Democracy a. Article 1- Legislative (Congress), makes laws b. Article 2- Executive (President), carries out laws c. Article 3- Judicial (Supreme Court), interprets laws d. Article 4- Relations Among States e. Article 5- Amending Process f. Article 6- Supremacy g. Article 7- Ratification · Bill of Rights a. First 10 Amendments to the Constitution b. Added to protect Civil Liberties from government abuse c. 1st 10 Amendments to the Constitution i. 1st 5 freedoms: Speech, Petition, Religion, Assembly, Press ii. 2nd: Right to Bear Arms iii. 3rd: Against quartering troops iv. 4th: Unlawful search and seizure V. 5th: Rights of Accused 1. Formal charges presented, against double jeopardy and self-incrimination vi. 6th: Right to speedy, fair trial and lawyer vii. 7th: Right to civil suits (suing but not criminal) viii. 8th: Against unreasonable bail or punishment ix. 9th: Any other rights reserved to the