Jonah Patel
John Locke is often regarded as one of the most influential philosophers in the creation of the US Constitution. Locke's political philosophy, which included the development of the 'branch' system of government, consisting of the legislative, executive, and judicial branches, and his ideas on the social contract, had a profound influence on the Constitution's preamble. The preamble, which begins with We the People, reflects Lockean principles of popular sovereignty and consent of the governed, emphasizing the importance of a legitimate, non-tyrannical government formed through a consensual agreement among individuals. Locke's ideas on natural rights, equality, and the accumulation of property also shaped the philosophical foundation of the Constitution. Other philosophers, such as Thomas Hobbes, Jean-Jacques Rousseau, and Baron de Montesquieu, also contributed to the Enlightenment-era political philosophy that influenced the Constitution's preamble.
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What You'll Learn
John Locke's views on the consent of the governed
Locke's social contract theory holds that the government's power is derived from the consent of the governed. The legitimacy of a government, according to Locke, stems from the people's agreement to obey commonly observed laws created and enforced by that government. This consent is not a one-time act but an ongoing process, as Locke believes that if a government fails to fulfill its duties, citizens have the right to rebel and replace it.
Locke's ideas on consent and popular sovereignty are reflected in the US Constitution, particularly in its famous Preamble, which begins with "We the People". This phrase is a direct reference to Locke's principles, indicating that the Constitution is established by the people and for the people. The Preamble's goals of forming a "more perfect union", establishing justice, ensuring domestic tranquility, providing for the common defense, promoting general welfare, and securing liberty are all in line with Locke's belief that the purpose of government is to secure the rights of the governed.
Locke's influence on the US Constitution extends beyond the Preamble. The checks and balances system within the Constitution, which separates powers between different branches of government, is inspired by Locke's principle of the separation of powers. Additionally, the Bill of Rights, which enumerates the rights of self-ownership and property, is also rooted in Lockean political philosophy.
Locke's views on consent and the social contract had a profound impact on the American revolutionary ideology and the Declaration of Independence. His statement that all men have the right to "Life, Liberty, and the Pursuit of Property" was adapted by Thomas Jefferson in the Declaration of Independence as the right to "life, liberty, and the pursuit of happiness." Thus, Locke's ideas on the consent of the governed have shaped not only the philosophical foundations of the US Constitution but also the broader political and social landscape of the United States.
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Locke's views on the role of government
John Locke's political philosophy centres on the concept of consent, which plays a central role in his interpretation of the role of government. Locke's doctrine of consent is seen as a solution to the problem of political obligation. According to Locke, a constitution is created by the consent of the people, who establish a commonwealth. This view contrasts with interpretations that see Locke as granting almost unlimited power to majorities, where the people create a legislature ruling by majority vote.
Locke's concept of the ""state of nature" is key to understanding his views on the role of government. Locke defines the state of nature as a condition in which there is a "want [lack] of a common judge, with authority", and where "men living together according to reason, without a common superior on earth, with authority to judge between them". In this state, people live according to the law of reason, distinct from political society, where a legitimate government exists, and from a state of war, where people fail to abide by the law of reason. Locke's state of nature is interpreted as a description of the moral rights and responsibilities between people who have not consented to a common government.
Locke's political philosophy includes a defence of individual consent as the basis of political legitimacy. He refutes the theory of the divine right of kings and argues that all individuals possess natural rights. He also advocates for the separation of powers within government and believes that revolution is not only a right but an obligation in certain circumstances. Locke's ideas about natural rights and government were considered revolutionary for his time in English history.
Locke's views on property are also significant in understanding his thoughts on the role of government. He believed that property precedes government and that government cannot arbitrarily dispose of the subjects' estates. He considered unused property as wasteful and an offence against nature, and he saw the introduction of money as eliminating limits to accumulation. Locke recognised the problem of unlimited accumulation but did not offer specific principles for the government to address this issue.
Overall, Locke's political philosophy emphasises the importance of consent, individual rights, and the separation of powers. He viewed the role of government as deriving its legitimacy from the consent of the governed and being constrained by natural rights and the separation of powers.
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Locke's views on natural rights
John Locke was a 17th-century English philosopher who identified natural rights as "life, liberty, and estate (property)". He believed that these fundamental rights could not be surrendered in the social contract and that they preceded the establishment of civil society. Locke's views on natural rights were influenced by his concept of the “state of nature”, which he characterised as the absence of government but not the absence of mutual obligation. In this state of nature, individuals are naturally endowed with rights to life, liberty, and property, and they agree to form a commonwealth to institute an impartial power capable of arbitrating disputes and redressing injuries.
Locke's theory of natural rights consists of basic rights like life, liberty, and property, as well as special consensual and non-consensual rights. He argued that while individuals possess these natural rights, an absolute government cannot adequately protect them. Therefore, a limited government with a separation of powers is necessary to enforce natural rights through the rule of law and allow people to revolt if their rights are not upheld. This idea of limited government reflects Locke's belief in the preservation of natural rights, as he stated that the power of the government is limited to the public good and cannot justify killing, enslaving, or plundering citizens.
In addition to his emphasis on life, liberty, and property, Locke also discussed other aspects of natural rights. He rejected slavery in the context of monarchy, asserting that individuals have a right to be free from any superior power. This idea is further supported by his statement that "I should have a right to destroy that which threatens me with destruction", indicating a right to self-defence. Locke's views on natural rights also extended to religious freedom, as he believed that belief or unbelief is a matter of individual conscience and that secular power should not constrain it.
Overall, Locke's views on natural rights emphasised the importance of life, liberty, and property as fundamental rights that individuals possess in the state of nature. He advocated for a limited government to protect these rights and believed that individuals had a right to revolt if their rights were not upheld. His ideas had a significant influence on political philosophy, particularly in shaping the American Revolution and the development of modern liberalism.
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Locke's views on slavery
John Locke's views on slavery have been a subject of debate, with some critics arguing that his support for slavery undermines his philosophy, while others contend that his ideas on private property and consent contradict any endorsement of slavery. Locke lived in 17th-century England, a time when the country was vigorously pursuing slavery under King Charles II. Locke was a mid-level functionary and later a scholar and tutor in Oxford, specialising in medicine and philosophy.
Locke's involvement with the Stuart court and the monarchy, as well as his association with the Earl of Shaftesbury, exposed him to the realities of monarchy, inherited status, and royal policies. Over time, he developed a disdain for these concepts, viewing slavery as the most extreme manifestation of the evils of inherited status. Locke's political philosophy, as outlined in his "Two Treatises of Government" (1689), challenged the root of slavery: inherited status, which was derived from the same set of ideas as the monarchy—the divine and hereditary rights of kings.
However, Locke's actions and investments seem to contradict his philosophical stance. He was a major investor in the English slave trade through the Royal African Company and the Bahama Adventurers Company. He was also intimately involved with American affairs, assisting in drafting the Fundamental Constitutions of Carolina, which included a clause giving slave owners "absolute power and authority" over their slaves. Locke's endorsement of this clause and his involvement in administering slave-owning colonies have led some scholars to argue that he used his philosophy to rationalise his behaviour and justify the enslavement of Africans.
In his writings, Locke justifies slavery in certain contexts, such as captives taken in a "just war" or in situations of colonial expropriation of land from non-agrarian societies. He viewed these circumstances as justifying enslavement. However, Locke's supporters argue that his theory of natural rights and the distinction between "might and right" contradict any endorsement of slavery. They claim that Locke believed slavery could only be justified as a response to criminal behaviour, such as starting an unjust war, and that his philosophy is independent of his biography.
The debate around Locke's views on slavery highlights the complexity of interpreting historical figures and their ideas within the context of their time. While some critics argue for a direct connection between Locke's philosophy and his support for slavery, others emphasise the need to distinguish between the two, acknowledging the potential for contradictory views that may seem incongruous from a modern perspective.
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Locke's views on religious tolerance
John Locke's views on religious tolerance were outlined in his work, 'A Letter Concerning Toleration' (Epistola de Tolerantia), originally written in Latin in 1685 while Locke was in exile in Holland, and first published anonymously in both Latin and English in 1689 upon his return to England. Locke's work appeared during a time of fear that Catholicism might overtake England, and it proposes religious tolerance as a solution to the problem of religion and government.
Locke's philosophy on religious tolerance is contrary to that of Thomas Hobbes, who allowed individuals to maintain their religious beliefs as long as they outwardly expressed those of the state. Locke, on the other hand, rejected Catholic Imperialism and argued that the government's interest in spiritual salvation was not justified. He believed that the government's purview should be limited to "civil interests" such as the preservation of peace, order, and the people's earthly well-being, and should not extend to religious affairs. In his view, the government should not discriminate based on religious belief or create laws specific to religious institutions.
Locke's defence of religious tolerance, however, was not unconditional. He specifically excluded Roman Catholics and atheists from his argument, believing that these groups could pose a challenge to civil authority or threaten the existence of civil society. Locke's view on atheism suggests that he considered religion important, as he believed that atheists, by undermining and destroying all religion, could not claim religious tolerance.
Locke's ideas on religious tolerance are reflected in his contributions to the Constitutions of Carolina in 1669, which had a radically congregationalist attitude toward churches, allowing any group to register themselves as a church. His ideas also influenced the development of the modern concept of the separation of church and state, which is entrenched in several modern constitutions.
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Frequently asked questions
John Locke would have agreed with the preamble of the US Constitution. Locke's political philosophy influenced the US Constitution, specifically his ideas on the social contract, the rights of the governed, and the separation of powers.
According to John Locke, the social contract is an agreement between the government and its citizens that defines the rights of each party. Locke believed that individuals formed society and government by consentually agreeing to obey commonly observed laws created and enforced by a common government.
John Locke's ideas influenced the structure and principles of the US Constitution. Locke's concept of the separation of powers inspired the creation of checks and balances between the branches of the federal government and between the federal government and state governments. Locke's political philosophy, which emphasized the rights of the governed, also shaped the Bill of Rights, which was added to the Constitution to safeguard against tyrannical and rights-violating laws.
The preamble of the US Constitution begins with "We the People," reflecting Lockean principles of popular sovereignty and consent of the governed. The preamble sets out the purpose of the Constitution, which is to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty for the people and their posterity.
