Independence to the Constitution Unit 2: Constitutional Principles

Thomas Hobbes John Locke Baron De Montesquieu Adam Smith

Thomas Hobbes and John Locke * HOBBES – English philosopher who was best known for his book Leviathan (1651) * LOCKE – English philosopher who was best known for his book Two Treatises on Government (1689) * BOTH were post-English Revolution PHILOSOPHERS who were particularly concerned with three different topics.

Hobbes v. Locke Thomas Hobbes John Locke Human Nature Selfish and based on self-preservation Generally want to be protected and left to pursue their interests Purpose of Government To impose law and prevent the state of war through an Absolute Monarchy To secure the rights of the people through Constitutional Democracy Legitimacy Based on tradition Based on consent

What are Locke’s NATURAL RIGHTS? 1.) Life (and health): everyone is entitled to live once they have been created (by God) 2.) Liberty: all humans are entitled to do anything they want so long as it doesn't conflict with anyone else’s natural rights. 3.) Property: all humans are entitled to own all they create or gain through gift or trade so long as it doesn't conflict with anyone else’s natural rights.

Basic Types of Government Baron de Montesquieu The Spirit of the Laws (1748) sought to explain humans laws, different types of government and checks/balances… Basic Types of Government 1.) Republics (democracies, aristocracies) 2.) Monarchies (fixed and established laws) 3.) Despotisms (single person – TYRANT) States that there are THREE different types of governments: How do you avoid a Despot?

Separation of Powers DESPOTISM could be prevented by a system of different governmental bodies exercising different powers that is held together by the rule of law. MAKES LAWS! INTERPRETS LAWS! ENFORCES LAWS!

The Real Revolution The War itself was not the revolution. The revolution was the change in the idea of what made government legitimate and what the purpose of government was. BEFORE AFTER

The Legal Argument of Independence Last 1/3 Closing Statement Jefferson wraps up the argument and issues his remedy “IN every Stage of these Oppressions we have Petitioned for Redress in the most humble Terms: Our repeated Petitions have been answered only by repeated Injury.” “WE, therefore, the Representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS Assembled, appealing to the Supreme Judge of the World for the Rectitude of our Intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly Publish and Declare, That these United Colonies are, and of Right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all Allegiance to the British Crown, and that all political Connexion between them and the State of Great-Britain, is, and ought to be, totally dissolved; and that as FREE AND INDEPENDENT STATES, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which INDEPENDENT STATES may of Right do.” First 1/3 The Opening Argument Jefferson establishes the “Social Contract” “are, endowed by their CREATOR, with certain unalienable rights…among those the right to life, liberty, pursuit of happiness” (natural law) “ Governments are instituted among Men, deriving their just Powers from the Consent of the Governed” (legitimacy) “that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government” (right to revolt) Second 1/3 The Evidence Jefferson shows how Britain violated the Social Contract “HE has dissolved Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People.” “HE has made Judges dependent on his Will alone, for the Tenure of their Offices, and the Amount and Payment of their Salaries.” “HE has kept among us, in Times of Peace, Standing Armies, without the Consent of our Legislatures.” “FOR imposing Taxes on us without our Consent” All in all 27 paragraphs of “evidence.” Instances where the British Government violates the social contract.

Articles of Confederation Confederation: A government made up of independent bodies (states) where the power lies in those bodies, and not in the whole Reason: The unitary government of the British did not secure the liberty of the people, power must be put in smaller units to ensure liberty.