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Foundational Documents - Coggle Diagram

- - - - Natural Rights
        
        God-given: Life, liberty, pursuit of happiness (property under Locke)
      - Popular Sovereignty / Social Contract
        
        When a government doesn't protect the rights of the people, the people have the right to overthrow said government
        
        List of grievances (taxation without representation, failed to follow his own laws, etc.)
  - - - Intentionally created a weak national government (didn't want a repeat of Great Britain and King George)
        
        Weaknesses
        
        No Executive or Judicial Branch (no one to enforce laws or resolve disputes)
        
        Had to request money and soldiers from states (couldn't raise money or military effectively)
        
        Highlighted by Shays' Rebellion
        
        Needed a unanimous vote in order to change the Articles (not flexible)
- - - - Checks and balances and separation of powers will prevent any branch of government from becoming too powerful and becoming tyrannical.
    - - Goal: Energy in the Executive
        
        How to achieve it?
        
        Unity (one person for accountability)
        
        Compensation (Need to be paid enough to avoid corruption)
        
        Adequate Powers (Need the ability to actually enforce the law effectively)
        
        Duration (Need to serve long enough to actually get the job done)
    - - Concern: Life tenure for federal judges, difficult to remove someone who is incompetent/tyrannical)
        
        Argument: Judicial Branch is a safe branch because it has no power of the purse ($) and no power of the sword (enforcement)
        
        Also, nomination and confirmation process will make sure that only honorable people attain the role.
    - - Problem: Factions and disagreements between diverse groups of people with different interests.
        
        Solution: A large and diverse republic will control the effects of factions. (No one group can gain control of the entire government or influence the entire country)
  - - - Why a republic won't work in America:
        
        Only successful republics have been small (Greece and Rome)
        
        Failed once they reached a large size
        
        Republics only work if the people are homogenous (similar thoughts and beliefs), not present in America
        
        Supremacy and Elastic Clauses give the government unlimited power.
        
        Once you give power to a government, you can't get it back
        
        The few powers reserved for the states will eventually be taken away because of federal greed.
        
        Taxation power could become tyrannical (end of confederation)
- - - - Main Method
        
        Proposal: 2/3rds vote in both house of Congress
        
        Ratification: 3/4ths of state legislatures approve
    - - Full faith and credit
      - Privileges and Immunities
      - Extradition
  - - - Congress has the power to regulate trade and business between states and with foreign nations
    - - Congress has all powers necessary and proper to run the country (anything needed to carry out enumerated powers)
    - - The Constitution, federal laws, and treaties are the supreme law of the land and superior to state laws.
  - - - Selective Incorporation (14)
- - - - Nonviolence creates tension, tension leads to positive change.
      - Many similarities to the Declaration of Independence
        
        List of grievances
        
        Moral justification
      - Civil Disobedience
        
        Moral obligation to break unjust laws