Eleanor Finch
The Constitution of the United States embodies a view of human nature that is both complex and contradictory. It reflects the belief in human equality, the requirement for government by consent, and the protection of natural rights. The Constitution's democratic nature and commitment to liberty and equality must be reconciled with America's history of colonialism, imperialism, and racial subordination. The framers of the Constitution recognized the potential for human depravity and the need to check human behavior without aiming to correct it. The Constitution's governmental structure, with its system of checks and balances, aims to balance the antagonisms inherent in any social order devoted to liberty. The view of human nature embodied in the Constitution influences how courts interpret and apply constitutional and statutory decisions, shaping the country's legal landscape.
| Characteristics | Values |
|---|---|
| Checks and balances | Liberty |
| Decentralisation | Equality |
| Pluralism | Democracy |
| Classical-liberal conception of man | Inclusion |
| Self-governance | Justice |
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What You'll Learn
The constitution's relationship with American colonialism and imperialism
The US Constitution is a document that embodies the classical-liberal conception of human nature, as Alexander Hamilton wrote in Federalist No. 1. It reflects the framers' belief in the capability of societies to establish good governance through reflection and choice, rather than relying solely on accident and force. This view guided their efforts to design a government that balanced liberty with the prevention of its abuse.
Now, turning to the topic of American colonialism and imperialism, it is important to acknowledge the impact of colonialism on the development of the American Constitution. Local government in colonial America served as the foundation of American constitutionalism, with colonists designing their own political institutions and practicing self-government. This unique blend of imposed charters and self-governance resulted in a distinctively American constitutional perspective. However, it is important to recognise that this colonial period also involved the dispossession of Indigenous communities and the establishment of racial hierarchies, shaping the constitutional landscape that would come to have imperialistic tendencies.
The United States, despite not officially recognising itself as an empire, has exhibited imperialistic behaviour throughout its history. This includes the expansion of its influence beyond its boundaries, impacting other nations' political independence, resource exploitation, and the imposition of its laws and values. The term "American imperialism" refers to this projection of political, economic, cultural, media, and military influence globally. This imperialism has taken various forms, including outright military conquest, regime change, economic penetration, and diplomatic or forceful intervention.
The relationship between the Constitution and American imperialism is complex. On the one hand, the Constitution is meant to serve as the fundamental law of the nation, promoting values such as equality, justice, republicanism, and liberal values. On the other hand, American imperialism has often involved the subordination of other nations and peoples, raising questions about the extent to which the Constitution has been applied both domestically and internationally. The United States has tended to address issues of colonialism and imperialism through federal laws and the ""plenary power" of political branches rather than directly engaging with them through constitutional theory.
In conclusion, while the US Constitution embodies a specific view of human nature that values liberty and good governance, the nation's colonial and imperial history has shaped the interpretation and application of this document. The complexities of American colonialism and imperialism, often overlooked in constitutional discussions, present challenges to the ideals enshrined in the Constitution.
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Human equality and natural rights
The Constitution of the United States embodies several principles, including human equality and natural rights. The Constitution is intended to embody, protect, and nurture these principles, which are also reflected in the Declaration of Independence.
The concept of human equality is fundamental to the American constitutional project, despite its historical contradictions and inconsistencies. The Constitution aims to balance conflicting commitments, such as liberty and slavery, self-determination and colonialism, and equality and subordination. It serves as both a refuge for the oppressed and a haven for oppressors, mediating between liberatory commitments and subordinating impulses.
The Declaration of Independence famously states that "all men are created equal" and are endowed with certain "unalienable Rights." This idea of human equality is echoed in other documents, such as the 1948 United Nations Universal Declaration of Human Rights, which asserts the inherent dignity and equal rights of all people. The California Constitution also recognizes inalienable rights, including the right to life, liberty, acquisition and protection of property, and the pursuit of happiness and privacy.
Natural rights refer to the inherent and inalienable rights of human beings. These rights are believed to be universal and not granted by any human institution or government. Thomas Jefferson, influenced by thinkers like Hutcheson, played a significant role in popularizing the concept of natural rights in the United States. In the Declaration of Independence, he wrote about certain unalienable rights, including life, liberty, and the pursuit of happiness.
The recognition of natural rights implies a limitation on the power of the government, as these rights are considered to be above any legal or political system. This concept is reflected in the Constitution's democratic nature, which emphasizes the importance of "the people" in developing political experience and moral education. The Constitution's democratic objective serves as a restraint on judicial power and a protection of individual liberty.
However, it is important to acknowledge that the interpretation and implementation of these principles have been contested throughout American history, particularly in relation to issues such as American colonialism, imperialism, and racial subordination, including slavery and Native American erasure.
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The constitution's democratic nature
The Constitution of the United States embodies a democratic nature that is characterised by its contradictions and incompatible commitments. It has negotiated differences and inconsistencies since its inception, such as liberty and slavery, self-determination and colonialism, equality and subordination, imperialism and sovereignty. The Constitution serves as both a refuge for the oppressed and a haven for oppressors, constantly mediating between its liberatory commitments and subordinating impulses. This ability to accommodate divergent commitments is a fundamental aspect of the American constitutional project.
The democratic nature of the Constitution is reflected in its governmental structure, which can be understood as an Aristotelian "mixed" form of government. The House of Representatives embodies the people's basic decency and common sense, while the Senate represents the aristocratic element, providing wisdom and checking the people's passions. The Executive, including the President, serves as a mediator and balancer, maintaining equilibrium among social forces. This structure aims to strike a balance between liberty and the potential for its abuse.
The Constitution's democratic objective goes beyond simply restraining judicial power; it serves as a source of judicial power and an interpretive aid to enhance freedom. Courts should consider the Constitution's democratic nature when making constitutional and statutory decisions, recognising the importance of "the people" in developing political experience and moral education. This understanding of the Constitution's democratic nature influences the judicial process, emphasising judicial modesty and caution to avoid preempting the democratic law-making process.
The Constitution's framers were guided by a particular conception of man—a classical-liberal conception. They recognised the corruptible nature of humans and constructed a system to check human behaviour without aiming to correct it. This view of human nature influenced the design of a government that aimed to preserve liberty while preventing its abuse. The Constitution's democratic nature, therefore, stems from a realistic understanding of human fallibility and the need for checks and balances to maintain a functioning society devoted to liberty and equality.
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The constitution's governmental structure
The governmental structure of the US Constitution is democratic in nature. The Constitution's democratic objective is not just a restraint on judicial power but also a source of judicial power. The Constitution embodies the principle of active liberty, which the framers intended to thrive in practice. The Constitution's governmental structure is also a reflection of the 18th-century society it was created in, with a House of Representatives, a Senate, and an Executive.
The House of Representatives is the "democratical branch", embodying the people's basic decency and common sense. The Senate represents the aristocratic element, embodying wisdom and checking the people's passions. The Executive represents the monarchical element, with the President serving as a mediator and balancer, keeping social forces in equilibrium. This "mixed" form of government, as John Adams called it, sought to mirror the structure of British government.
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The constitution's relationship with human depravity
The framers of the Constitution recognized the inherent fallibility and potential for corruption in human nature. They understood that power can exacerbate corruption, and this insight shaped their approach to governance. To mitigate the potential for abuse, the framers constructed a system of checks and balances designed to curb human behavior without attempting to correct it. This system aimed to strike a balance between liberty and restraint, reflecting the framers' acknowledgment of human depravity.
Alexander Hamilton, in Federalist No. 1, articulated a classical-liberal conception of human nature that guided the framing of the Constitution. He wrote about the capacity of society to establish a "good government" through reflection and choice, as opposed to relying on accident and force. This perspective recognized the potential for human depravity and the need for a governmental structure that could manage and constrain it.
Additionally, the Constitution's commitment to pluralism, as highlighted by Madison, further illustrates its acknowledgment of human depravity. By broadening the geographic and popular basis of the republic, the Constitution aimed to neutralize conflicting passions and interests. This approach recognized the potential for factious leaders to exploit local passions and sought to mitigate their influence by expanding the scope of representation.
In conclusion, the Constitution's relationship with human depravity is characterized by a pragmatic acknowledgment of the potential for corruption and abuse of power. The framers' response to this understanding was to design a system of governance that checked human behavior, distributed power, and promoted pluralism. Their aim was to manage human depravity rather than eradicate it, reflecting a realistic and nuanced understanding of human nature.
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Frequently asked questions
The US Constitution embodies a classical-liberal conception of human nature, which is deliberately designed to bring about an equilibrium between the antagonisms that must exist in any social order devoted to liberty. It recognises the potential for human depravity and corruption, particularly when combined with power, and seeks to check human behaviour without aiming to correct it.
The US Constitution is characterised by its contradictions and incompatible commitments, mediating between liberatory commitments and subordinating impulses. It embodies principles of representation, democracy, limited government, liberty, equality, inclusion, and justice. It also recognises human equality, the requirement for government by consent, and the securing of natural rights.
The US Constitution has a primarily democratic nature, with a governmental structure that reflects the structure of 18th-century society. The House of Representatives embodies the people's basic decency and common sense, while the Senate represents the aristocratic element, providing wisdom and checking the people's passions. The Executive, led by the President, serves as a mediator and balancer, helping to maintain social equilibrium. The Constitution also influences the democratic process and judicial decision-making, empowering courts to protect individual liberty.
