FOUNDATIONS OF THE CONSTITUTION

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FOUNDATIONS OF THE CONSTITUTION
The American Experience
State Constitutions
U.S. Constitution
British Tradition
The Enlightenment
Athenian Democracy
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The Enlightenment (1650-1800)

• Nature is well-ordered and simple laws govern
• Impressed by scientific method
• Newton and Galileo
• Axioms Logic gt conclusions
• Age of encyclopedias

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The Enlightenment(1650-1800)

• Deism--God created universe
• Left it alone
• Nature is a perfect clock for us to understand
• No clear purpose in nature
• Jefferson Bible

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The Enlightenment (cont.)

• Humanity has great potential
• Ability to reason
• Value of education
• Question authority

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Implications of Enlightenment Philosophy

• Belief in dignity and worth of man
• Knowledge is power
• Willingness to challenge authority
• and accept new ideas

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John Locke--2nd Treatise on Government (1690)

• People are naturally in a
• state of perfect freedom to order their actions
  and dispose of possessionswithin the bounds of
  natural law.
• People are in a state of equality
• being all equal and independent, no one ought
  to harm another in his life, health, liberty or
  possessions

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John Locke--2nd Treatise on Government (1690)

• That is, there exists a natural right to
• life, liberty, and property

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John Locke-(Cont.)

• Property
• Property given by God to mankind in common
• Becomes ours by our labor.
• He that is nourished by the acorns he picked
  up under an oakhas certainly appropriated them
  to himself. The labor that was mine, removing
  them out of that common state that they were in,
  hath fixed my property in them.

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John Locke-(cont.)

• Every man has a right to punish the offender and
  be executioner of the law of nature.
• each transgression may be punished to
  that degree, and with so much severity, as will
  suffice to make it an ill bargain to the
  offender, give him cause to repent, and terrify
  others from doing the like.
• If every person acted to punish offenses, chaos
  would result.
• though in the state of nature he hath
• such a right, yet the enjoyment of it is
• very uncertain, and constantly exposed
• to the invasion of others.

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John Locke-(cont.)

• Government
• Functions as impartial umpire
• established, known law
• indifferent judge
• power to back and support the sentence
• Purpose of government.
• The great and chief end, therefore, of mens
  uniting into commonwealth, and putting
  themselves under government, is the
  preservation of their property.

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WHO KNOWS CALVINBALL?
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John Locke-(cont.)

• Authority from consent of governed
• Explicit consent
• Implicit consent
• Primary goal is protection of property