Constitutions and Limited Government

The Enlightenment The ideas of the Enlightenment philosophers and the Glorious Revolution (where the monarchs of England agreed to limited power) inspired the American Revolution. Locke – people have the right to life, liberty, and property; the people can overthrow the government if they don’t protect those rights. Thomas Jefferson argued that the American colonists were rebelling because their natural rights had been violated. After the American Revolution, the ideas of Montesquieu (separation of powers), Locke, Voltaire (Bill of Rights), and Rousseau (popular sovereignty/majority rule) shaped the writing of the U.S. Constitution.

Constitution A constitution: Is a Social Contract – agreement between the people and the government. Places limits on the government’s power by outlining what powers the government does or does not have, or what the government can or cannot do. Is the “law” – establishes the structure and operation of the government.

Constitutions A constitution should do the following: Outline the roles of the judicial, legislative, and executive branch. Establish the relationship between federal and regional (state) governments and how they will share power. Allow citizens to elect representatives. Protect individual citizens’ rights (Bill of Rights).

Types of constitutions There are several types of constitutions: Written constitution – a single written document with the laws for the nation (ex. U.S. Constitution) Unwritten constitution – a collection of traditions, precedents, legal rulings and documents (ex. England) Constitutions are classified as either “positive” or “negative”: Positive constitutions- outlines what the government WILL DO to help the nation/citizens Negative constitutions – outlines the limits placed on government (what the government CANNOT do). The U.S has a negative constitution!