The Roots of American Government

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The Roots of American Government

• Where Did the Ideas Come From?
• Wilson Ch 2

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From Aristotle to the Enlightenment

• Aristotle- Greek philosopher who first
  articulated the idea of NATURAL LAW, the idea
  that human affairs are governed by ethical
  principles that can be discovered through reason
• Thomas Aquinas-Medieval Christian philosopher. He
  argued that God created the natural law that
  established individual rights to life and liberty

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• Martin Luther and John Calvin
• Leaders of the Protestant Reformation
• Promoted belief that people could talk directly
  with God.
• This idea began to alter peoples view of
  government as they began to believe they should
  have a say in government

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A Growing Idea Popular Consent

• Three Philosophers articulated this idea in the
  17th and 18th centuries
• Thomas Hobbes Leviathan
• John Locke Second Treatise on Civil Government
• Jean-Jacques Rousseau The Discourses and The
  Social Contract

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A Growing Idea Popular Consent

• Thomas Hobbes, John Locke and Rousseau
• Developed the idea of the SOCIAL CONTRACT
• They argued that all men were free and equal
  before governments were created.
• That governments were created because people felt
  the need for government (They differ on why they
  feel the need)
• That an agreement was made between the people and
  government

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More on Hobbes

• People needed security from other people
• Governments were created to obtain this security
• People surrendered liberty to the government in
  return for security

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More on John Locke

• Believed that the purpose of government was to
  protect Life, liberty and property.
• That if government does not serve these purposes,
  the people have the right to replace the
  government

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More on Rousseau

• The social contract sets the conditions and
  expectations for being a member of society
• The people have the right to institute a
  government as seems most likely to effect their
  safety and happiness

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The Social Contract Examples

• The Magna Carta (1215) The English Kings agree
  to establish the rights and liberties of his
  subjects. Defines the limits of governmental
  power
• The Mayflower Compact (1629) The Pilgrims agree
  that they will establish a government and that
  all colonists will be bound by this government

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More on Magna Carta

• The King agrees that there are certain limits to
  governmental action
• Establishes a principal called Rule of Law
  That the government is also bound by the laws of
  the land
• Establishes the idea of Due Process under law
• Incorrectly interpreted in the 1600s to be the
  source of the right to a jury trial

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Charles de Montesquieu

• French aristocrat who studied English government
• The Spirit of the Laws
• He expressed concern about concentration of power
  in government
• He thus argued for a separation of powers among
  parts of government
• He also argued for checks and balances between
  these parts of government.

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Lecture Follow Up Questions

• Where is the idea of natural law found in the
  Declaration of Independence?
• Where is the idea of the Social Contract found
  in the Constitution?
• How were the ideas of Locke and Rousseau
  incorporated into the Declaration of
  Independence?
• Where were the ideas of Montesquieu incorporated
  into the Constitution?