👩🏾⚖️ap us government review
1.10 Required Founding Documents
Verified for the 2025 AP US Government exam•Citation:MLA
Introduction: Revolutionary Ideas, Revolutionary Results
America didn’t just declare independence with muskets and tea-dumping. It did it with documents. These texts weren’t just arguments—they were blueprints, battles, and bold visions of how a government should function. The College Board has selected a handful of these foundational documents to showcase key tensions in American political thought: liberty vs. order, federal power vs. state sovereignty, and majoritarianism vs. minority rights.
Let’s dive into these texts not just for what they said—but for what they meant, what they feared, and how they’ve shaped U.S. governance ever since.
Declaration of Independence (1776)
Context & Purpose
Drafted by Thomas Jefferson, the Declaration was a revolutionary statement of political philosophy, modeled after Enlightenment thinkers like John Locke. It declared the 13 colonies’ independence from Britain.
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.
Why It Matters
- Embodied the ideological foundation of American democracy.
- Justified rebellion not just as a right—but a duty in the face of tyranny.
- Inspired other revolutionary and anti-colonial movements globally.
⭐ The Declaration was not just a break-up letter with Britain—it was a philosophical blueprint for self-governance grounded in popular sovereignty.
Articles of Confederation (1781–1789)
Context
America’s first constitution, drafted during the Revolutionary War, reflected deep fears of centralized power.
Structure
- A unicameral Congress.
- No executive or judicial branch.
- Each state got one vote.
- Amendments required unanimous approval.
Powers Congress Had
- Declare war
- Make treaties
- Borrow money
- Maintain an army/navy
Powers Congress Lacked (uh-oh)
- 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 It Collapsed
- Economic chaos: inflation, trade wars between states
- No military response to uprisings (Shays’ Rebellion)
- Foreign policy failure: no unified diplomatic voice
- Led directly to the Constitutional Convention of 1787
These weaknesses became painfully obvious during crises like Shays’ Rebellion, when the federal government proved too weak to respond effectively. Calls grew louder for a stronger central government, setting the stage for the Constitutional Convention of 1787.
⭐ Key Concept: The AoC prioritized state sovereignty over national unity. Its weaknesses demonstrated the need for a stronger federal structure.
Federalist No. 10 (1787) – James Madison
Madison tackled the dangers of factions—groups united by common interests adverse to the rights of others.
Problem
Factions (groups with a common political interest) are inevitable in a free society—and dangerous.
Solution
- 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.
- Contrasts directly with Brutus 1, which feared big government.
⭐ Madison wasn’t saying factions were good—just that controlling their effects, not eliminating them, was the best strategy.
Federalist No. 51 (1788) – James Madison
This essay focused on structural protections against tyranny, emphasizing how the Constitution's system of checks and balances preserves liberty.
Problem
How do you prevent any one branch from becoming too powerful?
Solution
- 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.
⭐ Federalist 51 directly supports ideas like judicial review, bicameralism, veto power, and impeachment—all mechanisms to avoid tyranny.
Federalist No. 70 (1788) – Alexander Hamilton
Hamilton made the case for a single, energetic executive, arguing that a strong presidency would lead to decisive leadership and greater accountability.
Argument
The U.S. needs a single, energetic executive (aka: one strong president).
Why?
- 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.
Hamilton’s Fear
Weak leadership leads to legislative dominance (tyranny by slow committee).
Federalist No. 78 (1788) – Alexander Hamilton
Purpose
Here, Hamilton defends the judiciary, especially judicial review, as a guardian of the Constitution.
Key Points
- 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.
⭐ This paper is the philosophical basis for Marbury v. Madison (1803), which established judicial review as precedent.
Brutus No. 1 (1787) – Anti-Federalist Argument
This Anti-Federalist paper opposed the new Constitution, warning that centralized power would erode state authority and threaten liberty.
Core Concerns
- The Constitution gives too much power to the federal government.
- Supremacy Clause: federal law > state law.
- Necessary and Proper Clause: Congress could do anything it claims is “necessary.”
- 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.
Brutus’s Vision
- Favored a small, decentralized government
- Believed only a confederation could preserve liberty
Brutus advocated for decentralized democracy—small republics where leaders stay closely accountable to their constituents.
The U.S. Constitution (1787)
The U.S. Constitution replaced the Articles and established a more robust federal system with three co-equal branches. The Bill of Rights, added in 1791, placated Anti-Federalist concerns by protecting individual liberties.
Structure
- Preamble: "We the People..."
- Articles I–VII:
- I: Legislative Branch (Congress)
- II: Executive Branch (President)
- III: Judicial Branch (Supreme Court)
- IV–VII: States, Amendments, Supremacy, Ratification
Principles Embedded
- Popular Sovereignty
- Limited Government
- Checks and Balances
- Federalism
- Separation of Powers
- Republicanism
Why It’s Revolutionary
- Power derived from the people, not monarchs or states.
- Amended through Article V: allows the document to evolve.
⭐ The Constitution is a living document—amendable and open to interpretation—that balances order and liberty through institutional design.
The Bill of Rights (1791)
- The first 10 amendments.
- Anti-Federalists demanded protections for individual rights.
- Examples:
- 1st: Speech, religion, press, assembly
- 2nd: Right to bear arms
- 4th: Protection against unreasonable searches
- 5th/6th: Rights of the accused
- 10th: Powers not delegated to the federal government are reserved to the states
Letter from Birmingham Jail (1963) – Martin Luther King Jr.
Although written nearly 200 years after the founding, this letter embodies the moral vision behind American government and civil rights.
Context
MLK was jailed for violating a court order banning protests in Birmingham, Alabama.
Core Arguments
- 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
- Connects to natural rights and social contract theory.
- Shows how American foundational ideas were used to expand liberty for all.
King invokes natural rights philosophy—echoing Jefferson—by asserting that unjust laws degrade human dignity and violate moral law.
Summary Table of Required Documents
| Document | Author(s) | Main Ideas | AP Gov Themes |
|---|---|---|---|
| Declaration of Independence | Thomas Jefferson | Natural rights, social contract, right to revolution | Liberty, Popular Sovereignty |
| Articles of Confederation | Continental Congress | Weak central government, state sovereignty | Federalism, Ineffective Government |
| Federalist No. 10 | James Madison | Factions are inevitable; large republics prevent tyranny of the majority | Pluralism, Republicanism |
| Federalist No. 51 | James Madison | Checks and balances; separation of powers | Limited Government, Federalism |
| Federalist No. 70 | Alexander Hamilton | Need for a single, energetic executive | Strong Executive, Accountability |
| Federalist No. 78 | Alexander Hamilton | Judicial independence; judicial review | Judicial Power, Rule of Law |
| Brutus No. 1 | Anonymous (Anti-Fed) | Anti-Constitution; feared tyranny from large republics and federal overreach | Anti-Federalism, Liberty |
| U.S. Constitution | Founding Fathers | Framework for government; separation of powers, checks, federalism | Constitutional Design, Federalism |
| Bill of Rights | James Madison | First 10 Amendments; protects civil liberties | Civil Liberties, Limited Government |
| Letter from Birmingham Jail | Dr. Martin Luther King | Civil disobedience, moral duty to oppose unjust laws, nonviolent resistance | Civil Rights, Justice, Liberty |
Final Thoughts
These documents aren’t just dead parchment—they’re alive in every SCOTUS ruling, every protest, every heated congressional debate. They shaped the structure, values, and conflicts that define the American political system.
Whether you're citing Madison’s war on factions, Brutus's fear of big government, or MLK's call to conscience—these founding texts give you the language and logic to understand democracy in motion.
Key Terms to Review (28)
2nd Continental Congress: The 2nd Continental Congress was a meeting of delegates from the thirteen American colonies that convened in May 1775, following the outbreak of the Revolutionary War. This assembly became the de facto national government of the colonies, taking crucial steps toward independence and governance, including the establishment of the Continental Army and the appointment of George Washington as its commander.
Alexander Hamilton: Alexander Hamilton was a founding father of the United States, serving as the first Secretary of the Treasury. He played a crucial role in establishing the nation's financial system and advocating for a strong central government, which influenced the development of American political and economic policies.
Anti-Federalists: Anti-Federalists were a group of individuals who opposed the ratification of the U.S. Constitution, advocating for a decentralized government and greater power for individual states. They feared that a strong national government would threaten personal liberties and undermine the rights of states. Their arguments played a critical role in shaping the Bill of Rights, as they pushed for explicit protections of individual freedoms.
Articles of Confederation: The Articles of Confederation were the first governing document of the United States, ratified in 1781, which established a loose alliance of independent states and a weak central government. This framework aimed to preserve state sovereignty while managing collective affairs, but ultimately proved insufficient to address the growing challenges facing the new nation.
Bill of Rights: The Bill of Rights is the first ten amendments to the U.S. Constitution, ratified in 1791, which guarantee essential rights and liberties to individuals. It was created to protect citizens from potential government overreach and ensure fundamental freedoms that reflect the ideals of democracy.
Brutus 1: Brutus 1 is an anti-federalist paper written by an anonymous author known as Brutus, arguing against the ratification of the U.S. Constitution. It raises concerns about the potential for a strong central government to infringe upon individual liberties and the rights of states, emphasizing the importance of maintaining a decentralized political system to protect democracy and prevent tyranny.
Civil Disobedience: Civil disobedience is the active, professed refusal to obey certain laws, demands, or commands of a government or occupying power. This form of protest is often nonviolent and aims to highlight perceived injustices in the legal system, fostering social change by appealing to the moral conscience of the public and lawmakers alike.
Congress (legislative): Congress is the legislative branch of the United States federal government, responsible for making laws and representing the interests of citizens. It is a bicameral institution, consisting of the House of Representatives and the Senate, each playing distinct roles in the law-making process. Congress has the power to create legislation, regulate commerce, declare war, and oversee the executive branch, reflecting the principles of representative democracy outlined in foundational documents.
Courts (judiciary): Courts, or the judiciary, are the judicial system responsible for interpreting laws, resolving disputes, and administering justice within a legal framework. They ensure that laws are applied fairly and consistently, protecting individual rights and upholding the rule of law in society. Courts play a crucial role in checking the powers of other branches of government and serve as a guardian of constitutional principles.
Declaration Of Independence: The Declaration of Independence is a historic document adopted on July 4, 1776, that announced the American colonies' separation from British rule. This document articulates the fundamental principles of individual rights and the concept of government deriving its authority from the consent of the governed, which are central ideals of democracy and foundational to the United States' political philosophy.
Direct Action: Direct action refers to the political strategy that involves taking immediate, nonviolent or violent action to achieve social or political change, rather than relying on negotiation or traditional forms of political engagement. This approach is often used by marginalized groups to assert their rights and challenge injustice, highlighting the urgency and necessity of their demands.
Dr. Martin Luther King Jr.: Dr. Martin Luther King Jr. was a prominent American civil rights leader and activist known for his role in advancing civil rights using nonviolent civil disobedience based on his Christian beliefs and the teachings of Mahatma Gandhi. His efforts were pivotal in combating racial inequality, making him a significant figure in the context of required founding documents that emphasize equality and justice for all citizens.
Energetic Executive: The term 'Energetic Executive' refers to the concept of a strong and active presidency that has the authority and capacity to take decisive actions, particularly in the areas of policy-making and national security. This idea emphasizes the president's role as a proactive leader who can effectively respond to crises, implement significant legislation, and engage with other branches of government. The concept is tied to the foundational principles outlined in key documents, which advocate for a robust executive branch capable of fulfilling the demands of governance.
Federalist 51: Federalist 51 is an essay written by James Madison, part of the Federalist Papers, which was published in 1788 to explain the importance of checks and balances within the new government structure. It emphasizes the necessity of dividing government powers among different branches to prevent any one branch from becoming too powerful, thereby protecting individual liberties. Madison argues that each branch should have its own means of self-defense and that ambition must be made to counteract ambition.
Federalist 70: Federalist 70 is an essay written by Alexander Hamilton, published in 1788, which argues for a strong executive leader in the new government of the United States. Hamilton emphasizes the necessity of energy in the executive branch, suggesting that a single president is more effective and accountable than a plural executive. This essay is part of The Federalist Papers, which were crucial in promoting the ratification of the U.S. Constitution.
Federalist Papers: The Federalist Papers are a collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay, promoting the ratification of the U.S. Constitution. These essays argue for a strong central government while addressing the concerns of anti-federalists about the potential for tyranny and the protection of individual liberties. Their significance lies in how they articulate the principles of American democracy, the structure of government, and the balance of power, making them essential reading in understanding the founding of the United States.
Federalist 78: Federalist 78 is an essay written by Alexander Hamilton, published in 1788, that discusses the role of the judiciary in the proposed government under the U.S. Constitution. It argues for the independence of the judicial branch and emphasizes the importance of an independent judiciary as a protector of individual rights against legislative encroachments. This document highlights the principle of judicial review, asserting that courts have the authority to declare laws unconstitutional.
Federalist 10: Federalist 10 is an essay written by James Madison, part of The Federalist Papers, which argues for the ratification of the U.S. Constitution. It focuses on the dangers of factionalism and how a large republic can mitigate these threats through a system of representation and a diversity of interests. This essay is crucial in understanding the foundational principles of American democracy and the design of the government to balance competing interests.
First Amendment: The First Amendment to the United States Constitution is a foundational legal provision that guarantees essential freedoms, including the freedom of speech, religion, press, assembly, and petition. It plays a crucial role in protecting individual liberties and limiting government power, influencing the dynamics of democracy and civil rights throughout American history.
Judiciary Branch: The Judiciary Branch is one of the three branches of government responsible for interpreting laws, ensuring justice, and upholding the Constitution. It includes the Supreme Court and lower federal courts, which play a critical role in reviewing legislation and executive actions to maintain checks and balances within the government.
Judicial Review: Judicial review is the power of courts to examine and invalidate actions of the legislative and executive branches if those actions are found to be unconstitutional. This crucial function ensures that laws and government actions align with the Constitution, protecting individual rights and maintaining the rule of law.
James Madison: James Madison was the fourth President of the United States and is often called the 'Father of the Constitution' for his pivotal role in drafting and promoting the U.S. Constitution and the Bill of Rights. His contributions to the formation of the government are foundational to the principles of democracy, federalism, and governance in America.
Letter from Birmingham Jail: The 'Letter from Birmingham Jail' is a powerful open letter written by Martin Luther King Jr. in April 1963, advocating for nonviolent civil disobedience against racial injustice. In this letter, King responds to criticism from eight white clergymen who deemed his actions as 'unwise and untimely,' emphasizing the moral responsibility to oppose unjust laws and the urgent need for civil rights reforms.
Necessary and Proper Clause: The Necessary and Proper Clause, found in Article I, Section 8 of the U.S. Constitution, grants Congress the power to make all laws that are necessary and proper for carrying out its enumerated powers. This clause acts as a foundation for implied powers, allowing the federal government to adapt and legislate effectively in response to changing circumstances while maintaining its constitutional authority.
President and bureaucracy (executive): The President is the head of the executive branch of the U.S. government, responsible for enforcing laws, conducting foreign policy, and serving as the commander-in-chief of the armed forces. The bureaucracy refers to the complex system of departments and agencies that help the President implement policies and manage day-to-day operations of the federal government. This relationship is essential for the functioning of the executive branch as it allows for the administration of laws and regulations.
Supremacy Clause: The Supremacy Clause is a provision in Article VI of the U.S. Constitution that establishes that the Constitution, federal laws, and treaties made under its authority are the supreme law of the land. This means that when there is a conflict between federal and state laws, federal law prevails, ensuring a uniform legal framework across the nation.
Thomas Jefferson: Thomas Jefferson was an American statesman, diplomat, and Founding Father who served as the third President of the United States from 1801 to 1809. He is best known for drafting the Declaration of Independence, which articulates the ideals of individual liberty and government accountability, connecting deeply with democratic principles and shaping American attitudes about government and politics.
United States Constitution: The United States Constitution is the supreme law of the United States, establishing the framework for the government and outlining the rights and responsibilities of citizens. It is a foundational document that serves as the cornerstone of American democracy, detailing the structure of government and the relationship between federal and state authorities.