Omar Bennett
John Locke and Jean-Jacques Rousseau were both social contract theorists whose ideas influenced the US Constitution. Locke's political theory directly influenced the US Declaration of Independence, which in turn influenced the US Constitution. Locke's theory of separation of powers, belief in popular sovereignty, and advocacy for the protection of individual rights all had a significant impact on the US Constitution. On the other hand, Rousseau's interpretation of the social contract and his concept of the general will also influenced the US Constitution, particularly in terms of providing legitimacy to the government and laws through universal participation and the expression of the general will.
| Characteristics | Values |
|---|---|
| Social contract | An agreement between the government and its citizens, defining the rights of each party |
| Natural rights | People are born into an anarchic state of nature, and by exercising natural reason, form a society and government |
| Separation of powers | Legislative, executive, and judicial branches |
| Popular sovereignty | The government is obligated to follow the will of the majority that created it |
| Consent | The people have the freedom to create "mixed" constitutions |
| Individualism | Each citizen is equal in the view of the government |
| Property rights | The labor of individuals generates property rights |
| Rousseau's general will | The state is subject to the dictates of its universal and unanimous sovereign |
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What You'll Learn
Locke's theory of separation of powers
John Locke's theory of separation of powers is a key aspect of his political philosophy. Locke's theory, outlined in his Two Treatises of Government (1690), distinguishes between legislative, executive, and federative powers.
Legislative power, according to Locke, is supreme over the other two powers as it has law-giving authority: " [F]or what can give laws to another, must needs be superior to him" (Two Treatises, § 150). Legislative power, in Locke's view, should be held by an assembly of elected representatives, but he also acknowledged that it could include monarchical and aristocratic elements. The people, as the community, are the real supreme power and retain the right to "remove or alter" the legislative power (Two Treatises, § 2.149).
Executive power, on the other hand, entails the "execution of the laws that are made, and remain in force" (Two Treatises, § 144). Locke recognised that the executive and federative powers are often combined in a single institution (Two Treatises, § 148). The federative power involves "the power of war and peace, leagues and alliances, and all transactions with all persons and communities without [outside] the commonwealth" (Two Treatises, § 143).
The separation of powers is a principle that functionally differentiates the various types of state power, such as law-making, adjudication, and execution. It requires these functions of government to be conceptually and institutionally distinct, with each function allocated to separate branches of government. This division of powers limits arbitrary excesses by the government and safeguards individual liberty.
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Rousseau's influence on the social contract
Rousseau believed that in the state of nature, humans were solitary but also healthy, happy, good, and free. However, when humans began to live together and form societies, negative passions such as jealousy and pride emerged, leading to social inequality and vice. Rousseau saw that civil society, as it currently existed, served to provide peace and protect property rights, but it primarily benefited the rich, as it legitimised their ownership while keeping the poor dispossessed.
Rousseau's social contract theory argues that legitimate authority must be compatible with individual freedom. He believed that transferring rights to an authority involved the renunciation of freedom and the subjection of individuals. Therefore, the only legitimate social contract, according to Rousseau, is one in which the people themselves are the rulers. This means that when a government usurps the power of the people, the social contract is broken, and citizens are not only no longer compelled to obey but are also obligated to rebel.
Rousseau's notion of the general will is subject to interpretive controversy. It suggests a legislature consisting of all adult members of the political community, who are restricted to legislating general laws for the common good. Rousseau's social contract theory also argues against the idea that monarchs are divinely empowered to legislate. He asserts that only the general will of the people has the right to legislate, as it ensures that the people obey only themselves and are thus truly free.
Rousseau's influence extended beyond his time and can be seen in the work of other philosophers, such as Kant's moral psychology and writings on international justice, which draw on Rousseau's ideas.
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Locke's belief in natural individual rights
John Locke is known for his belief in natural individual rights. In his work, he identified these rights as "life, liberty, and estate (property)", arguing that such fundamental rights could not be surrendered in the social contract. This belief in natural rights was a prominent aspect of Locke's political philosophy, which held that individuals are born into a state of nature without any government, but with mutual obligations and natural rights to life, liberty, and property.
Locke's concept of natural rights was influenced by the writings of thinkers such as Grotius, Hobbes, and his contemporary Pufendorf. He defended the idea that rights are paramount, even going so far as to place them above obligations. This was a significant departure from medieval natural law theories, which gave precedence to obligations over rights. Locke's belief in natural rights was also influenced by his religious arguments, which stated that religious societies are voluntary organizations that have no right to use coercive power over their members or others.
Locke's ideas on natural rights had a significant impact on the American Revolution and modern liberalism. The preservation of natural rights to life, liberty, and property was a justification for the rebellion of the American colonies. Locke's theory of consent, which states that a constitution is created by the consent of the people, also influenced the colonists' decision to fight for independence from Britain.
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Rousseau's view of the general will
Rousseau's conception of the general will is political, in contrast to Diderot's more universal interpretation. For Rousseau, the general will is not an abstract ideal, but the will actually held by the people as citizens. Rousseau believed that the general will is intrinsically right and that it reflects the rational interest of individuals and the community as a whole. He argued that the general will is a deliberative means of seeking outcomes that satisfy the preferences of individuals and legitimise state authority.
Rousseau made a distinction between the sovereign and the government. The sovereign, composed of the people as a whole, creates laws as an expression of its general will. The government, on the other hand, is a more limited body that administers the state within the boundaries set by these laws and issues decrees for their application in specific cases.
Rousseau also emphasised the importance of the general will being universal and applicable to all. He believed that this condition would lead citizens to favour laws that secure the common interest impartially and avoid being burdensome or intrusive. This view of the general will has been interpreted as a potential argument for philosophical anarchism, as Rousseau believed that a state must meet certain conditions for legitimacy.
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Locke's consent of the governed
John Locke's political theory directly influenced the US Declaration of Independence, which in turn influenced the US Constitution. Locke's ideas about the consent of the governed were a key part of this influence.
Locke's argument was that legitimate political authority is derived from the consent of the governed. This is a social contract where people in a state of nature conditionally transfer some of their rights to the government to better ensure the stable, comfortable enjoyment of their lives, liberty, and property. This social contract theory was also developed by Thomas Hobbes and Jean-Jacques Rousseau, but each had their own interpretations. Locke believed that people have rights, such as the right to life, liberty, and property, that are independent of the laws of any particular society.
Locke's theory of consent is a solution to the problem of political obligation. He believed that governments exist by the consent of the people, and that the people have the freedom to create "mixed" constitutions that utilize legislative, executive, and judicial powers, as well as monarchical and aristocratic elements. Locke's theory of separation of powers does not dictate one particular type of constitution and does not require elected officials to have all of the legislative power. He was more concerned that the people have representatives with sufficient power to block attacks on their liberty and attempts to tax them without justification.
Locke also believed that the community remains the real supreme power, and that the people retain the right to "remove or alter" the legislative power. If the rule of law is ignored, if the representatives of the people are prevented from assembling, if the mechanisms of election are altered without popular consent, or if the people are handed over to a foreign power, then they can take back their original authority and overthrow the government. If the government fails to uphold its end of the social contract, citizens have the right to withdraw their consent and, if necessary, replace the government. This idea gave colonists a reason to fight against the British for independence.
Locke's ideas about consent of the governed were reflected in the US Declaration of Independence, which states that "Governments are instituted among Men, deriving their just powers from the consent of the governed." This assertion encapsulates the principle that the government's legitimacy depends on the approval and participation of the people it governs.
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Frequently asked questions
Locke's political theory directly influenced the US Constitution in its assertion of natural individual rights and its grounding of political authority in the consent of the governed. Locke also advocated for a separation of executive, legislative, and judicial powers, which is a feature of the US Constitution.
Locke believed that people are born into an anarchic state of nature and then form a society and government by means of a contract among themselves. He believed that the government was obligated to follow the will of the majority that created it and that every citizen was equal in the view of the government.
Rousseau's social contract theory influenced the US Constitution through his belief in the general will, which holds that the government is subject to the will of the people as a whole. Rousseau required the assent of all to the original social contract, with smaller majorities needed for less important laws.
While Locke and Rousseau both agreed on the need for a social contract, they differed in their views on representation. Locke believed in a separate "branch" system of government with legislative, executive, and judicial branches, while Rousseau denied the feasibility of representation for purposes of legislation, arguing for a more direct form of democracy.
Locke and Rousseau's theories of the social contract and natural rights had a significant influence on the US Constitution and the broader liberal thought in Europe and the world during the 19th century. Their ideas helped shape the constitutional experience in America, France, and England, and were reflected in documents such as the Declaration of Independence, the Bill of Rights, and the Declaration of the Rights of Man and of the Citizen.
