POLITICAL PHILOSOPHY POLITICAL PHILSOSPHIES THAT INFLUENCED THE WRITING OF THE CONSTITUTION

POLITICAL PHILOSOPHYPOLITICAL PHILOSOPHY

POLITICAL PHILSOSPHIES THAT INFLUENCED THE WRITING OF THE

CONSTITUTION

• “The state of monarchy is the supremest thing on earth; for kings are not only God’s lieutenants upon earth and sit upon God’s throne, but even by God himself they are called gods. As to dispute what God may do is blasphemy, so it is sedition in subjects to dispute what a king may do in his power. I will not be content that my power by disputed on.” James I, King of England

• “The state of monarchy is the supremest thing on earth; for kings are not only God’s lieutenants upon earth and sit upon God’s throne, but even by God himself they are called gods. As to dispute what God may do is blasphemy, so it is sedition in subjects to dispute what a king may do in his power. I will not be content that my power by disputed on.” James I, King of England

THOMAS HOBBES 1588-1679 LEVIATHAN, 1660

THOMAS HOBBES 1588-1679 LEVIATHAN, 1660

• Background– Issue of religious liberty– Constitutional questions: Who was

sovereign? Parliament or the King?– To what extent were the social classes

(merchants, lawyers, financiers, tradesmen) to be included into the governing class?

• Background– Issue of religious liberty– Constitutional questions: Who was

sovereign? Parliament or the King?– To what extent were the social classes

(merchants, lawyers, financiers, tradesmen) to be included into the governing class?

Ill save you some reading…..•State of Nature: “every man against every man” no room for culture; the life of man “solitary, poor, nasty, brutish, and short”

•Man enters into a social contract to protect themselves BUT man needs a restraining power to enforce the contract- “Covenants without the swords are but words.”

Ill save you some reading…..•State of Nature: “every man against every man” no room for culture; the life of man “solitary, poor, nasty, brutish, and short”

•Man enters into a social contract to protect themselves BUT man needs a restraining power to enforce the contract- “Covenants without the swords are but words.”

Example?Example?

• -Must transfer all power to one man or assembly of men

• Social Contract is between subjects-NOT between subject and king

– Monarchy is the best form of government for it is easier for one man to act

– Sovereign power is incommunicable and inseparable-No division of power or mixed government

• -Must transfer all power to one man or assembly of men

• Social Contract is between subjects-NOT between subject and king

– Monarchy is the best form of government for it is easier for one man to act

– Sovereign power is incommunicable and inseparable-No division of power or mixed government

• King had to “deliver the goods”

• Not concerned with legitimacy of government, only effectiveness.

• King had to “deliver the goods”

• Not concerned with legitimacy of government, only effectiveness.

John Locke 1632-1704Second Treatise on Government

John Locke 1632-1704Second Treatise on Government

• SUMMARIZATION OF HIS IDEASSUMMARIZATION OF HIS IDEAS– Man has natural rights in a state of nature; Man has natural rights in a state of nature; they they

are life, liberty, and propertyare life, liberty, and property. These rights can . These rights can never be taken away (inalienable)never be taken away (inalienable)

– These rights are insecure without governmentThese rights are insecure without government– Legitimate or just government CANNOT exist Legitimate or just government CANNOT exist

until the people consent to be ruleduntil the people consent to be ruled

• SUMMARIZATION OF HIS IDEASSUMMARIZATION OF HIS IDEAS– Man has natural rights in a state of nature; Man has natural rights in a state of nature; they they

are life, liberty, and propertyare life, liberty, and property. These rights can . These rights can never be taken away (inalienable)never be taken away (inalienable)

– These rights are insecure without governmentThese rights are insecure without government– Legitimate or just government CANNOT exist Legitimate or just government CANNOT exist

until the people consent to be ruleduntil the people consent to be ruled

• Which right do you think Locke believed was the most important?

• Which right do you think is the most important?

• Which right do you think Locke believed was the most important?

• Which right do you think is the most important?

• People give up the absolute right to do anything they want in return people receive the security that can be provided by a government

• If people give the power to government, they have the right to take it away if the government is not fulfilling its part of the social contract

• People give up the absolute right to do anything they want in return people receive the security that can be provided by a government

• If people give the power to government, they have the right to take it away if the government is not fulfilling its part of the social contract

• The social contract is between the people and the government

• Locke also believed that there should be some mechanism to change a government peacefully (election/ safety valve) or risk violent revolution

• The social contract is between the people and the government

• Locke also believed that there should be some mechanism to change a government peacefully (election/ safety valve) or risk violent revolution

Hobbes Locke

State of Nature

Social Contract

Powers of Chief Executive

Individual Rights

Most Powerful Branch of Gov’t

Hobbes Locke

State of NatureWithout government life would be soliatary, poor, nasty, brutish and short

Basic survival of humanity for granted

Social ContractBetween subjects with King- couldn’t be broken. Price you pay for safety even if King is a bad one

Contract between people and government. Contract could be broken if gov’t was not responsive

Powers of Chief Executive

Absolute, no checks on power Needed to be limited by law, or the social contract. Needed provisions to change bad gov’t or revolution was possible

Individual Rights

Rights given up in the state of nature in exchange for safety, protection, life

Unalienable rights that can’t be taken away by a government, life, liberty, property (pursuit of happiness)

Most Powerful Branch of Gov’t

Executive Legislature (Constitution reflects this in Article !, most defined) Local gov’ts are always legislatively strong

Baron de Montesquieu (1689 -1755), The Spirit of the Laws, 1748

Baron de Montesquieu (1689 -1755), The Spirit of the Laws, 1748

• SUMMARY OF IDEAS• English system was the best example of

how a republican government should be organized

• Powers of government were divided and balanced among the King and Parliament

• SUMMARY OF IDEAS• English system was the best example of

how a republican government should be organized

• Powers of government were divided and balanced among the King and Parliament

• Insured that government would not be dominated by a single social class- a Mixed Constitution-monarchy, aristocracy and democracy.

• Believed citizens of republican government had to be virtuous in order for the government to succeed (Civic virtue)

• Insured that government would not be dominated by a single social class- a Mixed Constitution-monarchy, aristocracy and democracy.

• Believed citizens of republican government had to be virtuous in order for the government to succeed (Civic virtue)

• The kind of society necessary was one in which none were too rich or too poor-middle class would best serve

• Corruption-– When government serves such special

interests at the expense of the common welfare, it is said to be corrupt

• The kind of society necessary was one in which none were too rich or too poor-middle class would best serve

• Corruption-– When government serves such special

interests at the expense of the common welfare, it is said to be corrupt

• Founders believed that a government that promotes the common welfare is one that protects each individual’s natural rights—also believed that Americans had civic virtue

• Small nation was necessary for republican government

• Founders believed that a government that promotes the common welfare is one that protects each individual’s natural rights—also believed that Americans had civic virtue

• Small nation was necessary for republican government

Translation to American Government:Translation to American Government:

• Madison, in Federalist No. 10, (The Size and Variety of the Nation ) justified adapting republican government to a large nation

– Representatives of the government should be elected by a large number of people, not a small number.

• Madison, in Federalist No. 10, (The Size and Variety of the Nation ) justified adapting republican government to a large nation

– Representatives of the government should be elected by a large number of people, not a small number.