Isabella Carter
The political theory that a constitution is based on is a complex question that has been explored by many thinkers throughout history. The US Constitution, for example, has been influenced by the ideas of John Locke, Montesquieu, and the Enlightenment, with its founders advocating for a balance of powers and the responsibility of the government to its citizens. The constitution of a state is based on the morals of its citizens, as Immanuel Kant suggested, and these morals are in turn influenced by the goodness of the constitution itself. Constitutional theory, as a discipline, seeks to understand the underpinnings of constitutional government and overlaps with legal theory, philosophy of law, and democratic theory. It explores the historical, linguistic, sociological, ethical, and political aspects of constitutions, with modern constitutional theory being influenced by works such as Alexander Bickel's The Least Dangerous Branch.
| Characteristics | Values |
|---|---|
| Political authority must be based on consent | The people have the normative power to void the authority of their government |
| Political authority must be organised in a way that it cannot be exercised arbitrarily | Slavery is subject to arbitrary authority, while liberty in political society is subject only to lawfully constituted authority |
| Small territories are more likely to be governed by republican institutions | Small communities with shared attitudes and goals are more likely to reach agreements on common welfare |
| Civic or political virtue is necessary for republican government | Citizens' habits of obeying the law are undermined by casual political innovation |
| Legislative, executive and judicial powers are to be exercised by various branches of government | Legislative guarantees of property rights are secured by a common constitution |
| The constitution establishes a stable framework within which government powers are exercised | The constitution is foundational law, deriving its authority from the historical acts of its authors |
| The government is responsible to the governed | The final sanction should be laws, not men |
| The civil power controls the military | |
| Freedom of the press and of economic enterprise | |
| The concept of natural rights |
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What You'll Learn
John Locke's theory of limited government
The political philosophy of the United States Constitution is often associated with the theories of John Locke, an English philosopher and physician, widely regarded as one of the most influential Enlightenment thinkers. Locke's ideas played a significant role in shaping the principles of limited government, individual rights, and social contract theory, which influenced the American Revolution and the creation of the Constitution.
In his "Second Treatise of Civil Government", Locke justifies the Glorious Revolution of 1688 and challenges the claims of absolute monarchy based on divine right. He recognizes the inherent equality and independence of individuals in a state of nature, where everyone possesses natural rights, including the right to "life, health, liberty, or possessions." According to Locke, people establish civil society and government to resolve conflicts and ensure the protection of their rights.
Locke's theory of self-ownership and the right to own property are fundamental to his concept of limited government. He argues that individuals have a natural right to own the resources they mix their labour with, and any power given to the government should be for the public good, safety, and defence. Locke emphasizes that the government's role is to moderate conflicts and promote the common welfare, rather than serve the interests of those in power.
Furthermore, Locke's philosophy includes a suspicion of government and a recognition of the limits to its power. He suggests that the lawmaker's power should be used sparingly and as a last resort. Locke also discusses the idea of secession, where people have the right to remove themselves from an abusive government and establish a new one if necessary. Overall, Locke's theory of limited government emphasizes individual freedom, natural rights, and the importance of consent in the social contract, shaping the foundational principles of constitutional governance.
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Republicanism
The term 'republicanism' is used in two different but closely related senses. In the first sense, republicanism refers to a loose tradition or family of writers in the history of Western political thought, including Machiavelli and his fifteenth-century Italian predecessors, the English republicans Milton, Harrington, Sidney, and others, as well as Montesquieu and Blackstone. These writers emphasize common ideas such as the importance of civic virtue and political participation, the dangers of corruption, and the benefits of a mixed constitution and the rule of law.
In contemporary political theory and philosophy, republicanism often refers to a specific interpretation of the classical republican tradition, associated with the work of Quentin Skinner and the development of a contemporary political doctrine by Philip Pettit. According to civic republicans or neo-republicans, the paramount republican value is political liberty. This interpretation, however, has been criticized for reducing the distance between classical republicanism and the mainstream liberal tradition, with some arguing that republicanism collapses into liberalism.
In Ancient Greece, several philosophers and historians described elements of what we now recognize as classical republicanism. The Greek concept of "politeia" was translated into Latin as "res publica". While there is no single written expression corresponding exactly to the modern understanding of "republic", most of the essential features are present in the works of Plato, Aristotle, and Polybius. These include theories of mixed government and civic virtue. Plato, for instance, emphasized the importance of civic virtue and personal virtue in rulers.
The founding fathers of the United States combined ideas of republicanism and liberalism to establish a constitutional government that guaranteed the inherent and inalienable rights of individuals. The result was a hybrid theory of liberal republicanism that developed into the democratic republic of the United States and influenced the worldwide spread of representative and constitutional democracy.
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The Enlightenment
Enlightenment philosophers found that the existing social and political orders did not withstand critical scrutiny. Existing political and social authority was shrouded in religious myth and mystery and founded on obscure traditions. This criticism of existing institutions was supplemented with the positive work of constructing in theory the model of institutions as they ought to be.
The U.S. Constitution was influenced by the Enlightenment. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke. The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at the Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone, Hume, Locke and Montesquieu were among the political philosophers most frequently referred to.
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Judicial review
The US Constitution is based on a variety of political theories and philosophers. The founding fathers of the United States were influenced by republicanism, John Locke, and the optimism of the European Enlightenment. Locke's theory, published in the Second Treatise of Civil Government, justified the Glorious Revolution of 1688 and denied the claims of absolute monarchy. Locke's ideas were echoed in the Declaration of Independence, which states that political authority must be based on consent and cannot be exercised arbitrarily.
Another key influence was Montesquieu, whose theories of republican government were widely circulated in pamphlets and newspapers during the ratification controversy. Montesquieu's ideas centred on the belief that a small community of middle-class citizens with shared goals would be more likely to reach an agreement on the common welfare than a large, heterogeneous population. This notion was supported by historical examples and the study of the Roman Republic.
The founders of the United States were also inspired by Aristotle's constitutional theory, which is based on his theory of justice outlined in Nicomachean Ethics. Aristotle's theory proposes that a constitution based on the middle class is the mean between the extremes of oligarchy (rule by the rich) and democracy (rule by the poor). He argues that the middle constitution is the most stable and just form of government as it is the freest from faction.
The Prussian state's embodiment of the "Absolute" in Hegel's theory also influenced the constitution. Hegel divided world history into four epochs, with the "Absolute" summoning each people to their finest hour.
The US Constitution also reflects the ideas of Immanuel Kant, who introduced the Rechtsstaat doctrine, based on the supremacy of a written constitution. Kant's theory aims to guarantee a permanent peaceful life as a basic condition for the happiness and prosperity of a country's citizens.
Finally, the constitution is influenced by the belief that laws, rather than men, should be the final sanction and that the government should be responsible to the governed. This belief was held by George Washington, John Adams, and Thomas Jefferson, and resulted in the inclusion of checks and balances in the constitution, such as an independent judiciary and the requirement for a unanimous vote of the states to amend the constitution.
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Aristotle's theory of justice
The US Constitution is based on the political theories of several philosophers, including John Locke, Montesquieu, and Aristotle. Locke's ideas about legitimate political authority and the limitations of government power were particularly influential, as were the theories of republican government put forward by Montesquieu.
At the heart of Aristotle's theory of justice is the concept of equality, although his notion of equality differs from modern egalitarian principles. Aristotle promotes proportional equality, which means that people should be treated equally if they are equal in relevant ways and unequally if they differ in certain respects. In other words, justice is about giving people what they deserve based on their merit and circumstances. This view of justice as giving people what they deserve is deeply tied to the concept of virtue and merit.
Despite these criticisms, Aristotle's theory of justice remains relevant in contemporary discussions of law, politics, and morality. His concept of corrective justice, which focuses on rectifying wrongs and ensuring fairness, is reflected in modern legal practices such as compensatory damages and restitution.
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Frequently asked questions
The foundation of legitimate political authority is based on consent.
Constitutional theory is based on the idea that a government can and should be legally limited in its powers and that its authority depends on observing these limitations.
According to Kant, "The constitution of a state is eventually based on the morals of its citizens, which, in turn, is based on the goodness of this constitution."
The US Constitution is based on the ideas of John Locke, who argued that political authority must be based on consent and that government power should be limited.
