Philosophical Framework of American Government

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Philosophical Framework of American Government

• Political philosophers that impacted the
  Framers of the Constitution.

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Classical Republicanism

• Originating inspired by the government forms
  and writing of classical antiquity.
• Renaissance (14th-17th century)
• Aristotle, Machiavelli
• Rule of the People rejected monarchy
• Civic Virtue cultivation of habits of personal
  living that are claimed to be important for the
  success of the community.

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Why Classical Republicanism as a Model?

• Goals were for the common good
• Promote civic virtue (public spiritedness)
• Moral education (this class)
• Small communities
• Would only work in small populations with no
  diversity.

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Natural Rights v. Classical Republicanism

• Natural Rights
• Stressed the rights of the individual of life,
  liberty and property
• Right to individuality
• Right to believe

• Classical Republicanism
• Stressed promoting the common good above the
  rights of individuals.
• Need for conformity
• Uniform religion

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Natural Rights Philosophy

• Includes the works of
• John Locke
• Thomas Hobbes
• Jean-Jacques Rousseau

• Includes concepts of
• Natural rights of man
• Nature of citizen
• Good v. evil
• State of Nature
• Role of Government
• Civic virtue
• Social Contract

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Who is John Locke?

• 1632-1704 in England
• Father served in English Civil War
• Educated Masters degree
• Political Beliefs Liberal
• Whigs
• Experiences
• Enlightenment
• Glorious Revolution
• Accomplishments
• Second Treatise on Government.
• An Essay Concerning Human Understanding
• Fundamental Constitution of the Carolinas

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Lockes Influence

• Political philosophy later influenced
• Jean-Jacques Rousseau
• Immanuel Kant
• Framers of Constitution
• Revolutionary ideas impacted
• American Revolution
• French Revolution

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Lockes Political Thinking

• Government must be accountable to the people.
• Purpose of government is to preserve natural
  rights.
• A government must consist of institutions and the
  legally prescribed process for making and
  enforcing collective agreements.
• An absolute monarchy is inconsistent with the
  purpose of government.
• When government misuses power authority, the
  people have the right to revolt.

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Second Treatise On Government

• Written in 1689.
• Why was it written?
• To defend the Glorious Revolution of 1688.
• Supported a limited monarchy.
• Supported English Bill of Rights.
• To counter thinking of Thomas Hobbes.
• Human nature is good and reasonable, but may be
  driven by self-interest.

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A key to John Locke

• Inalienable Rights rights that cannot be taken
  away from anyone (free speech)
• Equality The belief that all persons, regardless
  of race, sex, ethnicity, age, etc. have the same
  rights as everyone else.
• Questions to consider
• What is happening in this painting?
• How does this painting relate to the concept of
  inalienable rights? Equality?

The state of nature has a law of nature to
govern it, which treats everyone equallyBeing
equal and independent, no one ought to harm
another in his life, health, or
possessions. -John Locke
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A Key to John Locke

• Limited Government A government that does not
  have absolute authority.
• Consent of the Governed The political theory
  that governments gain their authority from the
  people. A government is not legitimate if the
  people do not give their consent.

Whensoeverthe government shallput into the
hands of any other an absolute power over the
lives, liberty, and estates of the people, by
this breach of trust they forfeit the power of
the peoplewho have a right to resume their
original liberty, and by the establishment of the
new government provide for their own safety and
security. -John Locke

• Question to Consider
• What is happening in this picture and how does it
  relate to the topic of limited government?

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Key to John Locke

• State of Nature a state of perfect freedom where
  people do as they see fit within the bounds of
  the law of nature. (Problem is self-interest
  causes conflict!)
• Law of Nature a state of equality, where people
  have the same advantages, use of same authority
  in which the rights of men are not invaded by
  others. (utopia)
• And that all men may be restrained from
  invading others rights, and from doing hurt to
  one another, and the law of nature be observed,
  which willeth the peace preservation of all
  mankind, the execution of the law of nature is in
  that state put in every mans hands
• -John Locke

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A Key to John Locke

• Social Contract An agreement among men to create
  and live under government give that government
  the power to make enforce laws.
• Government only exists when people choose to
  resign their state of nature and create it.
• Government gets its power authority from the
  people.
• he authorizes the society, or which is all
  one, the legislative thereof, to make laws for
  him, as the public good of the society shall
  requireand puts men out of a state of nature
  into that of a common-wealth, by setting up a
  judge on earth, with authority to determine all
  the controversies, and redress the injuries that
  may happen
• John Locke

• Questions to consider
• How does this photo communicate Lockes belief
  about human nature?
• In regards to the government of Iraq, if there is
  a social contract between the citizens and the
  government, why is there still conflict?

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Who is Thomas Hobbes?

• 1588-1679, England.
• Lived in Paris off on.
• Educated Received degree in 1608.
• Experiences
• English Civil War
• Accomplishments
• modern founder of the social contract tradition
• In 1651, wrote most famous work, Leviathan.

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Hobbes Saving us from ourselves.

• From this view of human nature, what kind o
  government is best?
• Do you agree with Hobbes?

• Human Nature humans are basically selfish
  creatures who would do anything o better their
  position.
• For the laws of nature (as justice, equality,
  modesty, mercy, and in sum doing to others as we
  would have done to) of themselves, without terror
  of some power, to cause them to be observed, are
  contrary to our natural passions, that carry us
  to partiality, pride, revenge, and the like
• Hobbes

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Hobbes Saving Us From Ourselves

• State of nature is the philosophy regarding how
  humans would act in their most basic state
  without a civil government. Hobbes believed the
  state of nature in which man lived before the
  formation of society was founded on a savage
  selfishness, which drove man to obtain pleasure
  without concern for justice or mercy toward other
  men.
• Questions to consider
• What event in history in does this image portray?
• Do you believe that this picture represents a
  state of nature? Why or why not?

• Hurricane Katrina victims experienced riots and
  looting (among other crimes).

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Hobbes Saving Us From Ourselves

• State of war Hobbes believed that in the state
  of nature, people were always at war with one
  another, a war of all against all. Each
  individual was endowed with the right to do
  anything they pleased and people were in constant
  fear for their lives.
• There are three causes of war
• Competition (violence)
• Self-defense (safety)
• Glory (reputation)
• Hereby it is manifest that during the time men
  live without a common power to keep them all in
  awe, they are in that condition which is called
  war and such a war as is every man against man
• Hobbes

• Questions to consider
• What is the conflict represented in this picture?
• Does this event represent a state of war?

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Hobbes Saving Us From Ourselves

• Social Contract Hobbes believed people seek
  collective action in search of peace and
  security.
• Role of Government Hobbes stated that
  government should be designed to protect and
  defend its citizens from invasion and war.
• Requires trust in govt.
• Sovereignty Hobbes believed that government must
  have use of so much power and strength conferred
  on him that , by terror thereof, he is enabled to
  form the wills of them all, to peace at home, and
  mutual aid against their enemies abroad.
• Hobbes

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Who is Jean-Jacques Rousseau?

• 1712-1778 (Geneva)
• Education
• Self-taught
• Experiences
• Secretary to French Ambassador in Venice
  (Republic)
• Notable Ideas
• Natural goodness of humanity
• General Will

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A Key to Rousseau

• Human Nature believed that man was neither good
  nor bad self-sufficient.
• The demise of man was society.
• Knowledge increases the power of government
  crushes individual liberty.

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A Key to Rousseau

• Social Contract the idea that people join
  groups, and these groups make a presence known as
  a society. A social contract is the compact that
  the people agree form rules and conditions for
  membership in their society.
• Equality the belief that all persons are
  entitled to equal rights and treatment before the
  law.
• Private property division of labor causes
  inequality.
• Inequality causes conflict.
• Questions to Consider
• What is the picture describing in regards to
  equality?

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A Key to Rousseau

• Civil Society occurs after people leave the
  state of nature. Signs of this transfer are
  people act on rules of justice rather than on
  instinct, physical impulse is replaced by the
  voice of duty, and people consult reason rather
  than inclinations. By entering civil society
  people gain civil liberty and the legal right of
  property in what he possess. They also gain
  moral freedom, making people masters of
  themselves.

• An armed policeman guards a truck loaded with
  fuel from potential looters in New Orleans
  (REUTERS/Jason Reed)

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A Key to Rousseau

• General Will the desire or interest of a people
  as a whole. Decisions are made community of
  citizens unanimously when attempting to discern
  the common good.
• Popular sovereignty
• Rejected representative government.
• Strongly believed that people must play an active
  role in government for it to be successful.

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Baron de Montesquieu

• 1689-1755
• Education
• Catholic College of Juilly
• Experience
• Glorious Revolution
• Wealthy Family
• Notable Ideas
• Separation of Powers
• Checks Balances

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Baron De Montesquieu

• Advocated a divided and balanced power of
  government.
• Believed that the best government was one that
  was elected by the people.
• Did not believe in equality.

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British Influences on the US Constitution

• Magna Carta (1215) was a contract forced on King
  John.
• Major step toward growth of English
  constitutional government.
• The tenets include
• Govt. based on rule of law.
• Based on social contract between ruler
  citizens.
• Limited power of ruler.

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The English Bill of Rights

• Result of The Glorious Revolution in 1688.
• Further limited the power of government.
• The tenents include
• Rule of law
• Natural Rights
• Free speech, right to bear arms, no excessive
  bail.
• Parliamentary supremacy
• People elect officials into office.
• Limited Power of Monarch.
• Government by contract and consent

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Now to America .

• The Mayflower Compact
• The first governing document of Plymouth Colony.
• It was drafted by the Pilgrims who were seeking
  religious freedom.
• Covenant social charter to create an assembly
  to make decisions.
• Return to nature in Lockes theory.

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The Fundamental Orders of Connecticut

• Created 1735 as first real US Constitution
• Fundamental rights
• Rule of law
• Separation of powers
• Executive branch (governor)
• Legislative branch
• Judicial branch (magistrates)

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Example of Checks and Balances in Connecticut

• Governor appointed by king, but couldnt collect
  taxes w/o consent of legislature, or imprison w/o
  trial by a magistrate, or set salary for
  themselves.
• Legislature relied on governor to enforce laws
  they passed or the veto power on the governor.
• Judges appointed by governor/ could be removed by
  legislature.

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So Where Did We Differ From England?

• SUFFRAGE the right to vote.
• Any MAN who owned 50 acres could vote.
• Did NOT include slaves, Native Americans or women.