The Roots of American Government

Where Did the Ideas Come From?

Wilson Ch 2

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

• Martin Luther and John Calvin– Leaders of the Protestant Reformation– Promoted belief that people could talk directly

with God.– This idea began to alter people’s view of

government as they began to believe they should have a say in government

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”

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

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

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

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

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

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

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.

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?