Primary Sources: John Locke and Baron de Montesquieu

What were the philosophical influences on the Founders? 

Primary Sources

• English Bill of Rights, 1689
• Locke, Two Treatises of Government, 1689
• Montesquieu, On the Spirit of the Laws, 1748

Primary Source:
The English Bill of Rights, 1689

https://drive.google.com/file/d/1zgiBvCPIkqleL9q72FNdGxjDntIcjFIp/view?pli=1
(reference)

Vocabulary:

• Magna Carta: a document containing a list of limits on royal power, signed by King John 1 in 1215 under threat of civil war
• Parliament: elected legislative body in England, dating to the thirteenth century
• Impanel: to select and assign members of a jury to a case
• Grievances: complaints

Building Context:

One of the most important convictions held by the colonists in North America was that they were entitled to all the rights of Englishmen‚rights such as taxation by consent, fair trials, and control of one’s property. These rights were written down in the
Magna Carta in 1215 and were in a constant state of development through custom and usage in English common law. The trend over time was that more rights were extended to more people, creating an evolving discussion concerning the proper limits on government. In 1688, England overthrew its absolute king, James II, replacing him with William III and Queen Mary II. Both monarchs promised to rule with Parliament. In 1689, Parliament drafted a Bill of Rights that outlined the powers of Parliament and the rights of individuals. England became a constitutional monarchy where laws limited royal power.

Source:  

Text

Annotations

That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal‚ That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal‚ That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law‚ That the subjects which are Protestants may have arms for their defense suitable to their conditions and as allowed by law‚ That election of members of Parliament ought to be free‚ That freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament‚ That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted‚ That jurors ought to be duly impaneled (formed) and returned‚ And that for redress of all grievances (complaints), and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.

Comprehension and Analysis Questions:

• Why was the English Bill of Rights written?
• How did the English Bill of Rights limit royal authority?
• How did English authority change with the adoption of the English
  Bill of Rights?
• What limits on government power are similar to the U.S. Constitution and Bill of Rights in
  this document? Explain.

Primary Source: John Locke, Two Treatises of Government, 1689

Vocabulary

• Glorious Revolution: a revolution in which England overthrew its absolutist king, James II, and replaced him with King William III and Queen Mary II, who promised to abide by the English Bill of Rights.
• natural law: a universal system of justice that applies to all people
• natural rights: universal rights that all people hold regardless of customs, laws, or societies, given to them by God or by nature

Building Context:

John Locke (1632-1704) was an English political philosopher whose views were greatly influenced by the outcome of the Glorious Revolution. Locke believed that in a state of nature where humans were rational beings and equal in their natural rights to life, liberty, and property. Those rights could not be taken away by anyone without their consent. People also enjoyed perfect freedom but were restrained by the moral code of natural law. The natural law protected rights by establishing an understanding of right and wrong. Therefore, individuals had the right to defend their liberties and a sense of justice about other people’s rights. Locke’s ideas about natural rights theory and self-governance were deeply influential on the founding of the United States especially the Declaration of Independence.

Source:

Text	Annotations
Sec. 4. TO understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man.
Sec. 6. But though this be a state of liberty, yet it is not a state of license: though man in that state have an uncontrollable liberty to dispose of his person or possessions, yet he has not liberty to destroy himself, or so much as any creature in his possession, but where some nobler use than its bare preservation calls for it. The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions: for men being all the workmanship of one omnipotent, and infinitely wise maker; all the servants of one sovereign master, sent into the world by his order, and about his business; they are his property, whose workmanship they are, made to last during his, not one another’s pleasure: and being furnished with like faculties, sharing all in one community of nature, there cannot be supposed any such subordination among us, that may authorize us to destroy one another, as if we were made for one another’s uses, as the inferior ranks of creatures are for our’s. Every one, as he is bound to preserve himself, and not to quit his station wilfully, so by the like reason, when his own preservation comes not in competition, ought he, as much as he can, to preserve the rest of mankind, and may not, unless it be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another.
Chapter V:  Property Sec. 27. Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this no body has any right to but himself. The labor of his body, and the work of his hands, we may say, are properly his…  Sec 123. Though in the state of nature he hath such a right [to self and property], yet the enjoyment of it is very uncertain, and constantly exposed to the invasion of others…the enjoyment of his property he has in this state is very unsafe, very unsecure. This makes him willing to quit a condition, which, however free, is full of fears and continual dangers; and it is not without reason, that he seeks out, and is willing to join in society…for the mutual preservation of their lives, liberties, and estates, which I call by the general name, property. Sec. 124. The great and chief end, therefore, of men‚Äôs uniting into commonwealths, and putting themselves under government, is the preservation of their property.  Sec. 131. But though men, when they enter into society, give up the equality, liberty, and executive power they had in the state of nature, into the hands of the society‚ to preserve [themselves, their]liberty and property‚ [T]he power of the society, or legislative constituted by them, can never be supposed to extend farther, than the common good; but is obliged to secure everyone’s property. And all this to be directed to no other end, but the peace, safety, and public good of the people.

Comprehension and Analysis Questions:

• How does Locke describe people in their natural state? How does this concept of people in their natural state connect to the purpose of government?
• Why do men put themselves under the power of government, according to Locke?
• What is the purpose of government, according to Locke?
• Locke experienced firsthand the events leading to and following the Glorious Revolution in England. To what extent are the ideas and principles of John Locke and the English Bill of Rights in agreement?

Primary Source: Montesquieu, On the Spirit of the Laws

Vocabulary:

• Separation of Powers: Distributing the powers of government into independent branches so
  that each branch’s powers do not conflict.
• Checks and Balances: A system of over overlapping governmental powers ensuring no one branch becomes too powerful.
• Tyranny: cruel and oppressive government rule.

Building Context:

Charles Louis de Secondant, Baron de Montesquieu, was a French political philosopher. He was an Enlightenment thinker who studied the customs and governments of different European countries. His most famous work, On the Spirit of the Laws, was published in 1748. This work was widely read throughout educated circles in Western Europe and the North American colonies. Montesquieu argued that government power should be separated to avoid tyranny. His concept of separation of powers
and checks and balances would greatly influence the Framers of the U.S. Constitution.

Source:

Source	Annotations
In every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law.
By virtue of the first, the prince or magistrate (person who administers the law) enacts temporary or perpetual (permanent) laws, and amends or abrogates (repeals) those that have been already enacted. By the second, he makes peace or war, sends or receives embassies, establishes the public security, and provides against invasions. By the third, he punishes criminals, or determines the disputes that arise between individuals. The latter we shall call the judiciary power, and the other simply the executive power of the state.
The political liberty of the subject is a tranquility of mind arising from the opinion each person has of his safety. In order to have this liberty, it is requisite (necessary) the government be so constituted as one man need not be afraid of another.
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions (concerns) may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary (random) control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression,
As in a country of liberty, every man who is supposed a free agent ought to be his own governor; the legislative power should reside in the whole body of the people. But since this is impossible in large states, and in small ones is subject to many inconveniences, it is fit the people should transact by their representatives what they cannot transact by themselves.
The inhabitants of a particular town are much better acquainted with its wants and interests than with those of other places; and are better judges of the capacity of their neighbours than of that of the rest of their countrymen. The members, therefore, of the legislature should not be chosen from the general body of the nation; but it is proper that in every considerable place a representative should be elected by the inhabitants.

Comprehension and Analysis Questions

• What is required for there to be political liberty, according to Montesquieu?
• What is the danger of having a system of government where the different powers are united in one person?
• Why does Montesquieu believe that a legislature based on representation is best to protect liberty?
• Why is it important to have a small republic according to Montesquieu?