Simone Lawson
The US Constitution is underpinned by several philosophies, including natural rights, republicanism, and constitutionalism. The philosophy of natural rights, influenced by Puritan and Enlightenment ideas, asserts that political authority must be based on consent and cannot be exercised arbitrarily. Classical republicanism, another philosophy, was also important to Americans at the time. The Framers of the Constitution were influenced by a variety of sources, from ancient philosophers to modern writers such as John Locke and Adam Smith, and sought to create a limited government with a system of checks and balances. The philosophy of constitutionalism, which includes the notion of separation of powers, further reinforces the limitation of government power and authority.
| Characteristics | Values |
|---|---|
| Natural rights | Life, liberty, property, freedom of religion, freedom of speech, freedom of the press, freedom of assembly, right to petition, protection against arbitrary intrusion |
| Separation of powers | Checks and balances, judicial review |
| Republicanism | Common good, civic virtue |
| Social contract | Legitimate government power stems from the consent of the governed |
| Limited government | |
| Capitalism | Private enterprise, competition, personal initiative, responsibility |
| Democracy | Power to make decisions is vested in the people through free and fair elections |
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What You'll Learn
Natural rights and consent
The philosophical foundations of the US Constitution are rooted in the ideas of natural rights, separation of powers, republicanism, and the social contract. The Constitution's architects, or Framers, were influenced by the works of philosophers such as John Locke, Thomas Hobbes, and others. Locke's ideas, in particular, played a significant role in shaping the Framers' thinking.
Natural Rights
According to Locke, individuals possess innate, inalienable rights simply by virtue of their humanity. These rights include life, liberty, and property. Locke's philosophy held that these rights were not granted by any government or external entity but were inherent to all people. This concept of natural rights was a departure from the ideas that had dominated Western political thought up until that point.
Consent and the Social Contract
Locke's philosophy also included the idea of a social contract, which suggested that legitimate government power stems from the consent of the governed. This meant that individuals implicitly or explicitly consented to be governed by agreeing to live in a particular society and accepting its laws and benefits. The social contract theory influenced the Framers' vision for a system of governance that balanced individual liberties with collective responsibility.
Protecting Natural Rights
The Framers of the Constitution were committed to protecting natural rights and preventing government overreach. They established a system of checks and balances, dividing power among the legislative, executive, and judicial branches. This distribution of power made it less likely that any single branch could abuse its authority or violate natural rights. The Bill of Rights, added shortly after the Constitution's ratification, further emphasised the protection of individual liberties, including freedom of speech, assembly, and religion.
Influence on American Revolution and Independence
The philosophy of natural rights and consent had a profound influence on America's foundational documents and the thinking of Americans during the revolution. The Declaration of Independence, written by Thomas Jefferson, echoed Locke's ideas with the phrase ""all men are created equal" and endowed with "certain inalienable Rights." Welsh nonconformist Richard Price supported the colonists' claim that King George III was attempting to rob them of their liberty, which every member of society has a natural and unalienable right to.
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Classical republicanism
In the context of the US Constitution, classical republicanism played a significant role in shaping the Framers' vision for the new American republic. The Framers drew from the classical traditions of the Roman Republic and the philosophical works of Cicero, emphasising the common good and the responsibilities of civic virtue. Classical republicanism's concern with protecting citizens from the arbitrary power of their government through good institutional design influenced the creation of a system of checks and balances in the US Constitution.
The US Constitution's mention of a "Republican Form of Government" in Article Four reflects the influence of classical republicanism. This philosophy, along with natural rights and constitutionalism, were part of the intellectual discourse of 18th-century America. Classical republicanism's emphasis on civic virtue and political participation, the dangers of corruption, and the benefits of a mixed constitution, resonated with the Founding Fathers' ideals.
The political philosophy of natural rights, influenced by Puritan and Enlightenment ideas, also shaped the Framers' thinking. John Locke, an English philosopher, argued for innate and inalienable rights such as life, liberty, and property, which were inherent to individuals and not granted by any government. This philosophy, along with the belief in the social contract, where legitimate government power stems from the consent of the governed, influenced the Declaration of Independence and the US Constitution.
The interplay between these branches of government, as outlined in the US Constitution, creates a self-regulating republic. This complex system of checks and balances aims to prevent any single branch from dominating and holds each branch accountable, reflecting the enduring principles of social contract theory. Classical republicanism, with its focus on protecting citizens' rights and freedoms, continues to influence American political thought and the interpretation of the Constitution.
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Constitutionalism
The philosophical foundations of the United States Constitution are rooted in the ideas of natural rights, separation of powers, republicanism, and the social contract. One of the key philosophies that influenced the US Constitution is constitutionalism.
The founding fathers of the United States, including George Washington, John Adams, and Thomas Jefferson, were guided by the principles of constitutionalism in creating a system of checks and balances. They believed that political power should be distributed across different branches of government, with each branch having specific functions and responsibilities. This distribution of powers aimed to prevent the concentration of power in a single individual or entity, thus safeguarding against tyranny and ensuring that the government remained accountable to the people.
The US Constitution, influenced by constitutionalism, established three primary branches of government: the executive, legislative, and judicial branches. Each branch has its own powers and responsibilities, with checks and balances in place to maintain a balance of power. For example, while the President can veto legislation, Congress can override that veto with a two-thirds majority. Similarly, the judiciary has the power of judicial review, allowing it to strike down laws that violate the Constitution, thus protecting the rights of citizens.
The philosophy of constitutionalism in the US Constitution also extends to federalism, which involves dividing powers between the national government and state governments. This distribution of powers at the federal level further safeguards liberties and prevents the overreach of the central government. The founding fathers' commitment to constitutionalism resulted in a system of government that sought to protect individual freedoms and ensure that political authority was derived from the people.
Overall, constitutionalism played a significant role in shaping the US Constitution by providing a framework for organizing governmental powers, protecting individual liberties, and ensuring that the government remained accountable to the people it served.
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Separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch (which makes the law), the executive branch (which enforces the law), and the judicial branch (which interprets the law). This separation of powers is a well-known concept derived from the text and structure of the Constitution.
The Framers of the Constitution structured the government in this way to prevent any one branch from becoming too powerful. They were influenced by the belief that concentrating distinct governmental powers in a single entity would subject the nation’s people to arbitrary and oppressive government action. This belief was informed by their experience with the British monarchy.
The interplay between these three branches forms a robust system of checks and balances. For example, while the President can veto legislation, Congress can override that veto with a two-thirds majority. The judiciary can declare laws unconstitutional, but judges are appointed by the President and confirmed by the Senate, ensuring that no branch operates in isolation or without accountability.
The separation of powers is also evident in the Constitution's express, implied, inherent, and concurrent powers. Express powers are those expressly given in the Constitution to each branch of government. Implied powers are those that are necessary to perform the expressed powers. Inherent powers are those not found in the Constitution, yet still exercised by the different branches. Finally, concurrent powers are those given to both state and federal governments.
The Supreme Court has vacillated between using a formalistic approach to separation-of-powers issues, which emphasises maintaining three distinct branches of government, and a functional approach, which stresses core functions and relationships, allowing for flexibility.
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Influence of ancient philosophers
The philosophical foundations of the US Constitution are rooted in the ideas of natural rights, separation of powers, republicanism, and the social contract. The constitution was also influenced by the works of several ancient philosophers.
One of the most influential philosophers was John Locke, whose philosophies on natural rights significantly shaped the minds of the framers of the US Constitution. Locke believed in innate, inalienable rights that individuals possess simply by being human: life, liberty, and property. These rights were not granted by a government or any other external entity; they were inherent. Locke's vision of the social contract held that legitimate government power stems from the consent of the governed. Thomas Jefferson's famous line in the Declaration of Independence, "all men are created equal" and endowed with "certain inalienable Rights," directly echoes Locke's doctrine.
Another ancient philosopher who influenced the US Constitution was James Harrington, whose 1656 publication "Oceana" described the governments of ancient Israel, Rome, Sparta, and Venice, as well as those of his contemporary nations. In the book, Harrington proposed a fictional state called Oceana, with a Utopian government. His government was a thinly veiled caricature of England, consisting of three separate bodies with distinct roles: proposing, resolving and debating, and executing.
The Framers of the US Constitution were also influenced by the classical traditions of the Roman Republic and the philosophical works of Cicero. They drew from principles that emphasized the common good and the responsibilities of the state.
The philosophy of natural rights was also influenced by Puritan and Enlightenment ideas. The belief that political authority must be based on consent, and that it should not be exercised arbitrarily, was a key Puritan influence. The Enlightenment, meanwhile, contributed to the optimism that laws, rather than men, should be the final sanction, and that government should be responsible to the governed.
The US Constitution also reflects the influence of English philosopher William Godwin, an extreme individualist who denounced wars and centralized coercive states. He believed that the remedy for tyranny was not violent revolution, but education and freedom, including sexual freedom.
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Frequently asked questions
The US Constitution is founded on several key philosophies, including natural rights, separation of powers, republicanism, and the social contract.
Natural rights are the rights that individuals inherently possess simply by being human. These include life, liberty, and property. The US Constitution recognises these rights and seeks to protect them from governmental overreach.
The social contract is the idea that legitimate government power stems from the consent of the governed. This philosophy asserts that governments are instituted to secure the rights of their citizens and that citizens have the right to alter or abolish a government that fails to do so.
The English philosopher John Locke's ideas significantly influenced the framers of the US Constitution. Locke's philosophy emphasised natural rights, the social contract, and limited government. Thomas Jefferson, in particular, was known to have closely followed Locke's doctrines.
