10 Constitutions and Contracts: Where did the ideas for the US Constitution orig
10 Constitutions and Contracts: Where did the ideas for the US Constitution originate?
Learning Objectives
- Identify the origins of political thought leading to the Declaration of Independence
- Identify some of the actions leading to the American Revolution
Revolution and nation building in America emerged from historical European roots–not new ideas but old ones led the colonists to revolt and form a new nation.
Where did ideas for revolution arise?
Most people understand the idea of natural or unalienable rights, believing no other individual or government has the right to take away their life, restrict their liberty, or take their property–without a very good reason.
People often band together to protect life, liberty and property. These bands may have a contractual agreements because individuals and governments do not always respect the life, liberty, and property of others. Throughout history few governments have recognized individual rights. John Locke, a seventeenth-century English philosopher, wrote about the relationship between government and unalienable or natural rights (whether arising from a belief in a higher power bestowing these rights or from a human ability to reason that such rights exist).
Locke was not the first to suggest such rights. The English elites sought to protect lives, liberties, and property of English freemen long before the settling of North American colonies. In 1215, King John signed Magna Carta—a contract protecting life, liberty, and property–“No freemen shall be taken, imprisoned . . . or in any way destroyed . . . except by the lawful judgment of his peers or by the law of the land.” While Magna Carta afforded protections only to the English barons who were in revolt against King John in 1215, these protections were considered a cornerstone of liberty for freemen of all socio-economic conditions by the time of the American Revolution—rights always possessed by the people but begrudgingly acknowledged by King John. A belief in unalienable or natural rights of all human beings precludes a belief that rights are only protected by government and not granted or conveyed by government.
The problem with Magna Carta is significant. If a king may grant rights, a king may remove rights. If rights are unalienable (not granted by any individual or government), people may never be separated from these rights to life, liberty and property. Governments may protect the rights or infringe/restrict them, but they do not bestow or grant them.
Locke also addressed the purpose of government. For centuries monarchies claimed their authority originated from God. Locke, however, asserted that human beings created government. People sacrifice some freedom in exchange for government protection of their lives, liberty, and property. Locke called this implicit agreement between a people and their government the social contract. Should government deprive people of their rights by abusing its authority, the contract was broken and th