1. Enlightenment Philosophy and Its Impact on the Framers of the United States Constitution

2. The Rule of Law No one is above the law, not even the government We are governed by laws, not by people Respecting the “law of the land” How does this represent Enlightenment thinking?

3. The Rule of Law Basic principle of Enlightenment Philosophy – an extension of the focus on rights of individuals (and the common man vs. elites)

4. The Rule of Law The reason for the Constitution was to establish laws: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” -The Preamble to the U.S. Constitution

5. The Rule of Law 14 th amendment – Equal Protection Clause “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

6. Consent of the Governed A government’s power is derived from the people it governs. This is a reaction to “divine right”- a monarchy based on hereditary rule.

7. Consent of the Governed “Men being, as has been said, by nature, all free, equal, and independent, no one can be put out of this estate, and subjected to the political power of another, without his own consent.” –John Locke

8. Consent of the Governed “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…” – Preamble to the Declaration of Independence

9. Separation of Powers A central principle of government that divides the roles of government into Legislative, Executive, and Judicial branches This separation serves to limit the power of government

10. Separation of Powers In the United States, Congress creates laws, the President enforces laws, and the Supreme Court can declare laws unconstitutional; each branch has specifically enumerated duties.

11. Separation of Powers Montesquieu’s great influence on the Constitution was the idea that each branch of government prevent the other from attaining too much power by a series of checks and balances.

12. Separation of Powers Articles 1,2, and 3 of the Constitution explain the checks and balances of each branch. Executive- has veto power over Congress Legislative – self-checking (bi-cameral) – Can override presidential veto – Must approve presidential nominees to judicial branch Judicial – power of Judicial Review – Can declare laws unconstitutional

13. Sources Speilvogel, Jackson J. (2003). World History: Modern Times. Columbus, Ohio: Glencoe/McGraw Hill.