Jonah Patel
The social contract is a theory that views the Constitution as an explicit social contract between the American people. The Constitution was ratified through 13 state conventions, where the people of each state elected delegates to approve the Constitution. The social contract theory argues that sovereignty and the power to create and establish governments reside in the people alone. The Constitution is further expanded to include the body of court precedents since ratification, which interpret its provisions, and certain rights, such as due process and the right to vote, are considered contractual.
| Characteristics | Values |
|---|---|
| The Constitution is an explicit social contract | Due to its preamble, which begins with the phrase "We the People of the United States" |
| The Constitution is a social contract between the American people, not a compact between states | The Constitution was ratified through 13 state conventions, where the people of each state elected delegates to approve the Constitution |
| The nondelegation doctrine comes from social compact theory | Social compact theory "maintains that sovereignty–the power to create and establish governments and to vest them with power–resides in the people alone" |
| The social contract that created the society, for which the Constitution of government specifies the government | State legislatures were empowered to act as state conventions for purposes of amendment after initial ratification |
| The social contract theorists reverse the process of choice | Secular theorists of the social contract |
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What You'll Learn
- The preamble of the Constitution begins with We the People of the United States, which many social contract theorists view as an explicit social contract
- The Constitution is a social contract between the American people, not a compact between states, as it was ratified through 13 state conventions
- The Constitution consists not only of the written document but also the body of court precedents, legal definitions and traditions, and prevailing civic processes as of the date the written document was ratified
- The social contract that created the society, for which the Constitution of government specifies the government, was ratified after initial ratification
- The social contract theorists reversed the process of choice
The preamble of the Constitution begins with We the People of the United States, which many social contract theorists view as an explicit social contract
The preamble of the Constitution begins with 'We the People of the United States', which many social contract theorists view as an explicit social contract. This is because the Constitution was ratified through 13 state conventions, where the people of each state elected delegates to approve the Constitution, rather than by the state legislatures.
The social contract theory is the idea that sovereignty – the power to create and establish governments and to vest them with power – resides in the people alone. This is reflected in the Constitution, which outlines the rights of due process and the right to vote, which are contractual and only have meaning within the context of a civil society.
The social contract theory also applies to natural rights, which are never lost but can be restricted or 'disabled'. A right which is disabled under due process may be re-enabled by the removal of that disability, which occurs when the social contract is broken and persons return to a state of nature.
The Constitution is further expanded to include the body of court precedents since ratification which interpret its provisions, called post-ratification common law, but only insofar as those court precedents are consistent with the written document, pre-ratification Common Law, and the original intent of its framers and ratifiers.
The Constitution: Ratification vs. Signing
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The Constitution is a social contract between the American people, not a compact between states, as it was ratified through 13 state conventions
The Constitution is viewed by many social contract theorists as an explicit social contract. This is due to its preamble, which begins with the phrase, "We the People of the United States". This indicates that the Constitution is a social contract between the American people, not a compact between states. This is further supported by the fact that the Constitution was ratified through 13 state conventions, where the people of each state elected delegates to approve the Constitution, rather than through the state legislatures.
The social contract theory maintains that sovereignty – the power to create and establish governments and to vest them with power – resides in the people alone. This is reflected in the Constitution, which establishes a government for the United States and specifies the powers of that government.
The Constitution is also seen as a social contract because it includes certain rights that are contractual in nature, such as the rights of due process and the right to vote. These rights have no meaning in a state of nature and only exist within the context of a civil society. The social contract theory also recognises that natural rights are never lost, but their exercise can be restricted or disabled. For example, a right which is disabled under due process may be re-enabled if the social contract is broken and persons return to a state of nature.
The Constitution, therefore, serves as a social contract that establishes the rights and powers of the people and the government within a civil society.
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The Constitution consists not only of the written document but also the body of court precedents, legal definitions and traditions, and prevailing civic processes as of the date the written document was ratified
The Constitution is viewed by many social contract theorists as an explicit social contract, due to its preamble, which begins with the phrase, "We the People of the United States". The Constitution is also seen as a social contract between the American people, as it was ratified through 13 state conventions, where the people of each state elected delegates to approve the Constitution.
Certain rights, such as the rights of due process and the right to vote, are contractual. They have no meaning in a state of nature, only within the context of a civil society. Natural rights are never lost, but their exercise can be restricted or disabled. Due process is not defined in the written U.S. Constitution, which points to the fact that the Constitution consists of more than just the written document.
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The social contract that created the society, for which the Constitution of government specifies the government, was ratified after initial ratification
The Constitution is further expanded to include the body of court precedents since ratification, which interpret its provisions. This is called post-ratification common law. Certain rights, such as the rights of due process and the right to vote, are contractual and have no meaning in a state of nature, only within the context of a civil society.
Natural rights are never lost, but their exercise can be restricted or disabled. A right which is disabled under due process may also be re-enabled by the removal of that disability, which occurs if the social contract is broken and persons return to the state of nature. Due process is not defined in the written US Constitution, but it does consist of the body of court precedents, legal definitions and traditions, and prevailing civic processes as of the date the written document was ratified. This is called pre-ratification common law.
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The social contract theorists reversed the process of choice
The social contract theorists argue that sovereignty – the power to create and establish governments and to vest them with power – resides in the people alone. This is reflected in the preamble to the Constitution, which begins with the phrase, "We the People of the United States".
The social contract also includes the commentaries and records of the debates of the framers and ratifiers, as well as the body of court precedents since ratification which interpret its provisions, called post-ratification common law. Certain rights, such as the rights of due process and the right to vote, are contractual and have no meaning in a state of nature, only within the context of a civil society.
Natural rights are never lost, but their exercise can be restricted or disabled. A right which is disabled under due process may also be re-enabled by the removal of that disability, and the disability is removed if the social contract is broken and persons return to the state of nature.
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Frequently asked questions
The social contract is the agreement that created the society for which the Constitution of government specifies the government.
Many social contract theorists view the Constitution as an explicit social contract, due to its preamble, which begins with the phrase, "We the People of the United States."
The social contract is the agreement that created the society for which the Constitution of government specifies the government. The Constitution is further expanded to include the body of court precedents since ratification which interpret its provisions, called post-ratification common law, but only insofar as those court precedents are consistent with the written document, pre-ratification Common Law, and the original intent of its framers and ratifiers.
The social contract theory is the idea that the Constitution is an explicit social contract between the American people, not a compact between states, since the Constitution was ratified through 13 state conventions (where the people of each state elected delegates to approve the Constitution), not by the state legislatures.
