Philosophical Origins of Democracy

Ancient Greece

Rome

Magna Carta, Iroquois Constitution, etc.

John Locke’s Influence on the Constitution

“Law of Nature” that all humanity have in common.

Golden Rule: No one ought to harm another in his life, health, liberty, or possessions.

LEGITIMATE government only exists if people give their CONSENT.

Government COULD give some guarantees of life, liberty and property = Natural Rights of humans.

John Locke’s Influence on the US Constitution

Government based on natural rights.

CIVIL RIGHTS

POLITICAL RIGHTS

SOCIAL CONTRACTEQUAL PROTECTION!

Locke’s Influence on Thomas Jefferson

Purpose of government is to protect natural rights. (Declaration of Independence)

Ways of giving consent:Explicit

Implicit

Fundamental Law

Right of Revolution

How to Guarantee Respect for Fundamental Law?

Checks and Balances system.

Example: The President can ask for a declaration of war – but Congress has to choose to give it.

The President has to ask for it before Congress can create it.

Alternatives for government

Democracy (town hall model)

Republic governmentExamples of city-states in Italy and Cantons in Switzerland.

Why Classical Republicanism as a Model?

Goals were for the common good:

Promote civic virtue (public spiritedness)

Moral education (this class)

Small communities Would only work in small populations with no diversity.

Natural Rights v. Classical Republicanism

Stressed the rights of the individual of life, liberty and property

Right to individuality

Right to believe

Stressed promoting the common good above the rights of individuals.

Need for conformity

Uniform religion

Baron de Montesquieu

Advocated a divided and balanced power of government.

British Influences on the US Constitution

Magna Carta (1215) was a contract forced on King John. The tenets include:

Govt. based on rule of law.

Basic rights govt. can’t deny.

Govt. based on contract between ruled and ruler

The English Bill of Rights

Result of The Glorious Revolution in 1688.

Rule of law

Parliamentary supremacy

Government by contract and consent

Now to America ….

The Mayflower Compact:

Covenant – social charter to create an assembly to make decisions.

Return to nature in Locke’s theory.

The Fundamental Orders of Connecticut

Created 1735 as first real US Constitution

Fundamental rights

Rule of law

Separation of powersExecutive branch (governor)

Legislative branch

Judicial branch (magistrates)

Example of Checks and Balances in Connecticut

Governor appointed by king, but couldn’t collect taxes w/o consent of legislature, or imprison w/o trial by a magistrate, or set salary for themselves.

Legislature relied on governor to enforce laws they passed or the veto power on the governor.

Judges appointed by gov./ could be removed by legislature.

So Where Did We Differ From England?

SUFFRAGE – the right to vote.

Any MAN who owned 50 acres could vote.

Did NOT include slaves, Native Americans or women.

American Revolution led to creating a constitution

Two plans to choose from:

Virginia Plan

New Jersey Plan

The Virginia Plan

Proposed a strong national government.National govt. would have power to make and enforce its own laws and to collect its own taxes.Citizens under two authorities: State and Federal

The Virginia Plan

Three branches would make up government: Executive, legislative and judicial.

Proportional representation based on population.

The New Jersey Plan

Equal representation!

Little power to federal government. Wanted to keep the Articles of Confederation.