Eleanor Finch
The philosophical core of the US Constitution is a complex interplay of various schools of thought. The Constitution's framers were influenced by the ideas of natural rights, separation of powers, republicanism, and the social contract. The works of John Locke, an English philosopher, played a significant role in shaping the minds of the framers, with his emphasis on natural rights, such as life, liberty, and property, and his vision of the social contract, which held that legitimate government power stems from the consent of the governed. The influence of Locke can also be seen in the Declaration of Independence, with its assertion that all men are created equal and endowed with certain inalienable Rights. The Constitution also reflects a commitment to protecting individual liberties, with the Bill of Rights added to safeguard against governmental overreach. The framers were also influenced by classical republicanism, drawing from the Roman Republic and the works of Cicero, emphasizing the common good and civic virtue. The philosophical foundations of the US Constitution continue to shape American governance and the enduring strength of its constitutional republic.
| Characteristics | Values |
|---|---|
| Natural rights | Life, liberty, property, freedom of expression, self-fulfillment, truth, and participation in decision-making |
| Separation of powers | Checks and balances between the executive, legislative, and judiciary branches |
| Republicanism | Common good, civic virtue, and collective responsibility |
| Social contract | Legitimate government power derived from the consent of the governed |
| Classical republicanism | Not entirely consistent with natural rights philosophy but committed to both |
| Constitutionalism | Self-government, free speech, and freedom of the press |
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What You'll Learn
Natural rights
The philosophical foundations of the US Constitution are deeply rooted in the concept of natural rights, which specify what acts one person cannot morally do to another. These rights are inherent and universal, applying to everyone equally. The natural rights of life, liberty, and property, also referred to as "pursuit of happiness", are protected implicitly in the original Constitution and explicitly in the Bill of Rights.
The idea of natural rights was influenced by the Enlightenment-era thinker John Locke, who believed in innate, inalienable rights that individuals possess simply by being human. These rights include life, liberty, and property, and were not granted by any government or outside entity. Locke's vision of the social contract held that legitimate government power stems from the consent of the governed.
Thomas Jefferson, the author of the Declaration of Independence, drew on Locke's ideas of natural rights to justify declaring independence from England. In the Declaration, Jefferson asserted that ""all men are created equal" and endowed with "certain inalienable Rights", directly echoing Locke's doctrine. Jefferson's phrasing of these rights as "life, liberty, and the pursuit of happiness" has become iconic and continues to shape American society today.
The Ninth Amendment to the Constitution recognizes the existence of natural rights beyond those explicitly mentioned, stating that enumerating certain rights does not mean that other natural rights are not equally protected. This amendment reflects the Founders' desire to protect against potential governmental overreach and tyranny, ensuring that the government could not ignore or disparage these important natural rights.
The interpretation and application of natural rights have evolved over time, with the judiciary playing a crucial role in safeguarding these rights through judicial review. The complex interplay between the branches of government, known as checks and balances, further reinforces the protection of natural rights by preventing any single branch from dominating or operating without accountability.
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Separation of powers
The philosophical core of the US Constitution is rooted in the separation of powers, a doctrine that divides governmental powers across three distinct branches: the legislative, executive, and judiciary. This structure aims to prevent governmental arbitrariness and oppression by ensuring no single branch dominates or operates without accountability.
The legislative branch is responsible for making laws, while the executive branch, led by the President, enforces them. The President, as Commander-in-Chief of the Army and Navy, can make treaties and appointments, receive ambassadors, and ensure laws are executed faithfully. However, Congress can restrict and terminate presidential appointments and actions through impeachment and legislation.
The judiciary, with the power of judicial review, maintains the rule of law and protects individual rights by striking down laws and executive actions that contravene the Constitution. Judges are appointed by the President and confirmed by the Senate, demonstrating the interplay of powers among the branches.
The separation of powers establishes a system of checks and balances, where each branch has powers that relate to and influence the others. This framework, influenced by the Framers' experience with the British monarchy, promotes a stable democracy by preventing any single branch from becoming too powerful.
While some US states in the 18th century did not strictly adhere to the separation of powers, it remains a fundamental principle in the US Constitution, upheld by the Supreme Court's decisions and the constitutional design.
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Republicanism
The US Constitution's founders were deeply influenced by republicanism, which guided their thinking about government and politics. They drew from the classical traditions of the Roman Republic and the philosophical works of Cicero, emphasising the common good and the responsibilities of citizens. The word "republic" comes from the Latin "res publica", which means "public thing" and refers to the system of government that emerged in Rome in the 6th century BCE after the expulsion of the kings. The Roman Republic included features such as a systematic separation of powers, which was appealing to Enlightenment philosophers.
The Founding Fathers wanted republicanism because its ideas guaranteed liberty with limited powers checking and balancing each other. They were concerned about the "'tyranny of the majority' in a pure democracy, where the majority of voters could vote away the rights and freedoms of a minority. To prevent this, they included many protections in the Constitution, such as the Bill of Rights, to ensure that the inalienable rights of life, liberty, and the pursuit of happiness would not be destroyed by majorities.
In a true republican government, one group—even if it is a majority—cannot take away another group's unalienable rights. This is because republicanism says that people have "'unalienable' rights that cannot be voted away. Republicanism stresses the public rights and obligations of citizens to cooperate in support of their community. Citizens are considered to have equal duties, responsibilities, and rights, and their participation is the means to hold the government accountable.
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Social contract theory
The philosophical core of the US Constitution is rooted in several principles, one of which is the social contract theory. This theory suggests that society exists because of an implicitly agreed-upon set of standards that establish moral and political rules of behaviour. People who choose to live in America implicitly agree to be governed by the moral and political obligations outlined in the Constitution, which forms a valuable framework for societal harmony.
The social contract theory, as applied to the US Constitution, was influenced by the works of English philosophers Thomas Hobbes and John Locke in the 17th century, and French philosopher Jean-Jacques Rousseau in the 18th century. These philosophers contributed significantly to the development of modern constitutionalism.
John Locke's philosophies on natural rights and social contract theory had a profound impact on the framers of the US Constitution. Locke believed in innate, inalienable rights that individuals inherently possess by virtue of their humanity, including life, liberty, and property. These rights, according to Locke, are not granted by any governmental or external entity but are inherent. Furthermore, Locke's vision of the social contract held that legitimate government power stems from the consent of the governed. This idea is echoed in the US Declaration of Independence, which states that "all men are created equal" and are endowed with "certain inalienable Rights."
Thomas Hobbes's social contract theory, as presented in his work "Leviathan," proposes that individuals in a state renounce their powers to execute the laws of nature and instead transfer these powers to a sovereign authority that they collectively create. By doing so, they promise to obey the laws made by this sovereign entity. Hobbes's theory emphasizes the role of the individual in establishing the political unit and the authority of the laws created through this process.
Jean-Jacques Rousseau's interpretation of the social contract theory emphasizes the importance of the "general will" in his work. He argues that the willingness of individuals to subject themselves to the "general will", which can only be expressed by the popular sovereign, is a crucial component of the social contract.
The social contract theory, as incorporated into the US Constitution, establishes a framework for governance that balances individual liberties with collective responsibility. The Constitution's system of checks and balances, separation of powers, and protection of natural rights, such as freedom of speech, assembly, and religion, reflect the influence of social contract theory. This theory provides a philosophical foundation for the American constitutional republic, ensuring stability and enduring principles.
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Influence of John Locke
John Locke (1632–1704) is one of the most influential political philosophers of the modern era, and his ideas significantly shaped the US Constitution. Locke's philosophy centred on the notion of natural rights: life, liberty, and property. He believed that these rights were inherent and inalienable, and that governments were formed to protect them. This idea of a social contract held that legitimate government power stems from the consent of the governed, and if a government fails to protect these rights, it can be resisted or replaced.
Locke's endorsement of the right to revolt forms the basis of the American constitutional framework's resilience. It conveys that governance must remain just and protective of individual liberties, or else it forfeits its legitimacy and can be lawfully challenged or replaced by its citizens. This idea is reflected in the First Amendment, which was influenced by Locke's defence of religious toleration. In his "Letter Concerning Toleration", Locke argued for the separation of church and state, asserting that the government should not impose religious practices or beliefs.
Locke's philosophy also emphasized the importance of transparency and accountability in governance. He advocated for the separation of powers as a mechanism to prevent tyranny, believing that consolidating legislative, executive, and judiciary powers in a single entity would lead to oppression and despotism. This philosophy influenced the framers of the US Constitution to embed checks and balances within the government structure, ensuring that no single branch could dominate or operate without accountability.
Locke's ideas on natural rights and the social contract directly influenced the US Declaration of Independence, which asserted that "all men are created equal" and endowed with "certain inalienable Rights." This echoed Locke's belief that individuals are born into a state of perfect freedom and equality, and that no one is inherently superior or inferior. The Founding Fathers, including George Washington, John Adams, and Thomas Jefferson, were influenced by Locke's ideas, and they sought to create a system of governance that balanced individual liberties with collective responsibility.
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Frequently asked questions
The philosophical foundations of the US Constitution are rooted in the ideas of natural rights, separation of powers, republicanism, and the social contract.
John Locke's 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 inherent and not granted by a government or any other entity. Locke's vision of the social contract held that legitimate government power stems from the consent of the governed.
The US Constitution was also influenced by the Enlightenment, classical traditions of the Roman Republic, and the philosophical works of Cicero. The concept of natural rights, which was influenced by Puritan ideas, was expressed in the Declaration of Independence and inspired the French Declaration of the Rights of Man and of the Citizen. The philosophical foundation of the Constitution has also influenced the interpretation of provisions such as the guarantee of freedom of expression.
