Political Philosophy and the American Government…

What is a State? Not Kentucky or Montana! Not a Nation (which is people that are unified by a common language, ethnicity, religion) In Government, “State” is also referred to as a “country” Nation-State: Combines the elements of a Nation within a State. Georgia, California are states

The Earliest Understandings of the State: Plato “A state comes into existence because no individual is self-sufficing, we all have many needs.” The purpose of a state was to set up a division of labor so the people could do what they were naturally inclined to do.

The Earliest Understandings of the State: Aristotle “The state exists to preserve life for families and villages, which would not exist on their own. Aside, the state exists to ensure the supreme good of the people, namely our moral and intellectual life.” Aristotle understood the state to exist in order to give conditions of living in which the people can achieve “the good life”.

BUT! They didn’t want pure democracy! Plato and Aristotle both despised democracy and thought that Aristocracy was the best form of government. Why? They thought that only a few people (well educated and elite) were qualified enough to rule society, and letting everyone involved in government would only lead to disaster.

Social Contract Theory: Thomas Hobbes 1st to examine the idea of a social contract in The Leviathan Man exists in a “State of Nature” State of Nature = wilderness, anarchy, no authority People’s will to survive against violent death in this wilderness is their primary driving force Nothing around to force harmony among citizens Social Contract: Citizens agree to form a society with others and then hand over the right to govern themselves to an authority in exchange for protection/order/civility. This will be added to by John Locke!

Social Contract Theory: John Locke Man does not necessarily need government to know moral law, but they forget through neglect. Because of this neglect, people need laws and government. Placed a heavy emphasis on rights and thought that people had to consent to be governed. Additions to The Social Contract = People have the right to leave or change their government if their rights aren’t protected.

Separation of Powers: Montesquieu Baron de Montesquieu, Charles-Louis de Secondat French Enlightenment Philosopher Curious about preserving governments from corruption Saw despotism as a danger Argued that it could best be prevented by a system in which different branches had legislative, executive, and judicial power, and in which all those bodies were bound by the rule of law. This theory of the separation of powers had an enormous impact on liberal political theory, and on the framers of the constitution of the United States of America

Alexis de Tocqueville French Historian and Political Philosopher, born in Paris into aristocracy Spent two years (1831-1832) roaming about the newly formed United States and wrote our form of democracy.

Alexis de Tocqueville’s Theories He analyzed the American attempt to have both liberty and equality in terms of what lessons Europe could learn from American successes and failures He believed that political democracy and social equality would, inevitably, replace the aristocratic institutions of Europe.

De Tocqueville’s Theory Democracy Worked Well in America Because: Lots of land!! (Fertile land; allows us to spread out and have our own piece) No feudal aristocracy here Small, independent farmers make up a great deal of the population (No great number of landless peasants like in Europe) American culture and ideals - He called them, “Moral and intellectual characteristics”

Political Philosophy Applied

ENGLAND: The Mother Country The Magna Carta Libertatum "Great Charter of Freedoms“, 1215 Required the king to renounce certain rights, respect certain legal procedures and accept that the will of the king could be bound by law.

ENGLAND: The Mother Country Petition of Rights Produced by Parliament the run-up to the English Civil War. Addressed to Charles I of England in 1628 in an attempt to seek redress on the following points: Forced loans Arbitrary arrest Imprisonment contrary to the Magna Carta Arbitrary interference with property rights Lack of enforcement of habeas corpus Forced billeting of troops Imposition of martial law Exemption of officials from due process

ENGLAND: The Mother Country The English Bill of Rights (1689) Freedom from royal interference with the law (the Sovereign was forbidden to establish his own courts or to act as a judge himself) Freedom from taxation by royal prerogative, without agreement by Parliament Freedom to petition the King Freedom from a peace-time standing army, without agreement by Parliament Freedom [for Protestants] to have arms for defense, as allowed by law Freedom to elect members of Parliament without interference from the Sovereign The freedom of speech in Parliament, in that proceedings in Parliament were not to be questioned in the courts or in any body outside Parliament itself (the basis of modern parliamentary privilege) Freedom from cruel and unusual punishments, and excessive bail Freedom from fines and forfeitures without trial

America: The Rebel Child… 1776, American colonies declare independence from the British Empire. How was this an application of the Social Contract as described by John Locke? How did the philosophers mentioned influence American government?