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FOUNDATIONS OF THE CONSTITUTION

FOUNDATIONS OF THE CONSTITUTION. The American Experience. State Constitutions. U.S. Constitution. British Tradition. The Enlightenment. Athenian Democracy. The Enlightenment ( 1650-1800 ). Nature is well-ordered and simple laws govern Impressed by scientific method Newton and Galileo

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FOUNDATIONS OF THE CONSTITUTION

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  1. FOUNDATIONS OF THE CONSTITUTION The American Experience State Constitutions U.S. Constitution British Tradition The Enlightenment Athenian Democracy

  2. The Enlightenment (1650-1800) Nature is well-ordered and simple laws govern Impressed by scientific method Newton and Galileo Axioms + Logic => conclusions Age of encyclopedias

  3. The Enlightenment(1650-1800) • Deism--God created universe • Left it alone • Nature is a perfect clock for us to understand • No clear purpose in nature Jefferson Bible

  4. Humanity has great potential Ability to reason Value of education Question authority The Enlightenment (cont.)

  5. Belief in dignity and worth of man Knowledge is power Willingness to challenge authority and accept new ideas Implications of Enlightenment Philosophy

  6. John Locke--2nd Treatise on Government (1690) People are “naturally” in a “state of perfect freedom to order their actions and dispose of possessions…within the bounds of natural law.” People are in a state of equality “being all equal and independent, no one ought to harm another in his life, health, liberty or possessions…”

  7. John Locke--2nd Treatise on Government (1690) • That is, there exists a “natural right” to life, liberty, and property

  8. Property Property given by God to mankind in common Becomes ours by our labor. “He that is nourished by the acorns he picked up under an oak…has certainly appropriated them to himself. The labor that was mine, removing them out of that common state that they were in, hath fixed my property in them.” John Locke-(Cont.)

  9. Every man has a right to “punish the offender and be executioner of the law of nature.” “each transgression may be punished to that degree, and with so much severity, as will suffice to make it an ill bargain to the offender, give him cause to repent, and terrify others from doing the like.” If every person acted to punish offenses, chaos would result. “though in the state of nature he hath such a right, yet the enjoyment of it is very uncertain, and constantly exposed to the invasion of others.” John Locke-(cont.)

  10. Government Functions as impartial umpire “established, known law” “indifferent judge” “power to back and support the sentence” Purpose of government. “The great and chief end, therefore, of men’s uniting into commonwealth, and putting themselves under government, is the preservation of their property.” John Locke-(cont.)

  11. WHO KNOWS CALVINBALL?

  12. John Locke-(cont.) • Authority from consent of governed • Explicit consent • Implicit consent • Primary goal is protection of property

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