Introduction
The European philosophers that most influenced the colonists who became the Framers of the
Constitution were the 17th-century Englishmen Thomas Hobbes and John Locke, and the 18th-century
Frenchman Charles-Louis de Secondat, Baron de Montesquieu. Others from the time period such as John
Milton, James Harrington, and Algernon Sidney also had influence on the Framers.
Thomas Hobbes
In his famous description of the state of nature, Hobbes wrote: "In such condition there is no place for
industry, because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation,
nor use of the commodities that may be imported by sea; no commodious building; no instruments of
moving, and removing, such things as require much force; no knowledge of the face of the earth; no
account of time; no arts; no letters; no society; and which is the worst of all, continual fear, and danger
of violent death; and the life of man, solitary, poor, nasty, brutish, and short." Hobbes meant that in the
state of nature, the weak had no incentive to do anything that took effort, because private property
could be taken away by force, and the strong only had the incentive to take as much as they could. For
this reason, people created the "social contract," the pact between themselves to create a sovereign to
control the chaos. In Hobbes' social contract, people surrender most of their rights to the sovereign they
have collectively created in return for protection and the liberty to "buy, and sell, and otherwise
contract with one another; to choose their own abode, their own diet, their own trade of life, and
institute their children as they themselves think fit; and the like." The sovereign itself is not bound by the
contract because it is a creation of the contract. People can only get rid of the sovereign if the sovereign
stops protecting them.
John Locke
Locke's version of the social contract and of natural law was similar to Hobbes'. However, his version of
the state of nature was not as violent, lacking only a common judge to interpret natural law and a
government to enforce sanctions against violators. He wrote, "But though this be a state of liberty, yet it
is not a state of license...the state of nature has a law of nature to govern it." Therefore, right and wrong
existed before government, and governments are created to enforce what is naturally right. For Locke,
the right to property arises because individuals add the value of their labor to objects in the state of
nature. He wrote, "The labor of his body and the work of his hands we may say are properly his...." The
"life, liberty and estate [property]" of one person can only be limited to make effective the equally valid
claims of another person to the same rights. Thus, a key requirement of government was that it be
capable of protecting private property. Locke's version of the sovereign is a representative government
that is a part of the social contract. He divided the functions of the sovereign between the executive and
the legislature. He did so because he felt that the same people should not both make and execute the
laws, otherwise the executives would take the opportunity to make themselves exempt from the law.
Unlike Hobbes, Locke saw a right to reconstitute government: "this power in the people of providing for
their safety anew by a new legislative when their legislators have acted contrary to their trust by
invading their property, is the best fence against rebellion, and the probablest means to hinder it." He
listed the conditions under which the people could create a new government, the threat of such recreation being one of the elements that would ensure that both the executive and the legislature
remained responsive to the people's needs.
Baron de Montesquieu
Montesquieu wrote that there were three different kinds of governments: republican (modeled after an
idealized Roman Republic that balanced representative democracy and aristocracy), monarchical, and
despotic. The most successful governments would combine features of these three pure, or ideal types.
In fact, Montesquieu believed that liberty in England could be ascribed to the fact that the legislative,
executive, and judicial powers were separated in different branches, with largely different personnel.
The powers of these branches were balanced against each other, so that no one individual or group
could gain dominance over the other. Montesquieu wrote: "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 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 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 control; for the judge would be then the
legislator. Were it joined to the executive power, the judge might behave with violence and oppression."
Rousseau
Perhaps Rousseau's most important work is "The Social Contract" that describes the relationship of man
with society. Contrary to his earlier work, Rousseau claimed that the state of nature is brutish condition
without law or morality, and that there are good men only a result of society's presence. In the state of
nature, man is prone to be in frequent competition with his fellow men. Because he can be more
successful facing threats by joining with other men, he has the impetus to do so. He joins together with
his fellow men to form the collective human presence known as "society." "The Social Contract" is the
"compact" agreed to among men that sets the conditions for membership in society.
Other Philosophers
John Milton defended republicanism in "The Tenure of Kings and Magistrates" on the grounds that it
was implied by natural law and the sovereign power of the people. The purpose of the law for Milton
was to control public authority, which itself replaces each individual's right to protect themselves, but
the people retained the right to protect the common good by overthrowing tyrants. James Harrington's
idea was to limit the amount of private property, so that more people would be able to become owners
(farmers) and thus acquire political voice. He advocated republicanism as the government that would
best reflect a hoped-for shift in economic power from the aristocracy to yeoman farmers, or as John
Adams put it: "Harrington has shown that power always follows property." Harrington also advocated
the rule of law, a written constitution, separation of powers, widespread suffrage, and term limits for
officeholders. Harrington was arrested and imprisoned after the Restoration of Charles II, destroying his
health and his sanity. Algernon Sidney argued in "Discourses Concerning Government" that all people
have a natural right to govern themselves and can select rulers as they see fit. Government, in turn,
derives its power from the people, exists for their safety and well-being, and can be held accountable for
these purposes. The unfortunate Sidney was also a martyr in the Framers' eyes, as his views led to his
arrest and trial for treason, and his execution by beheading.
CASE_STUDY: Question 1
Reading about Hobbes: Why are people willing to “surrender most of their rights to the sovereign?” What
rights do citizens of the U.S. give up?
Question 2
How are Locke and Hobbes similar and different?
Question 3 Why does Baron de Montesquieu believe in separation of powers for government?
Question 4
Using the reading, briefly describe the work of at least one other philosopher whose work impacted the
Framers.
Hobbes, Locke and Rousseau Comparison Grid
State of Nature
Purpose of
Government
Hobbes
Locke
The state of nature is a
state of war. No morality
exists. Everyone lives in
constant fear. Because of
this fear, no one is really
free, but, since even the
“weakest” could kill the
“strongest” men ARE
equal.
To impose law and order to
prevent the state of war.
Men exist in the state of
nature in perfect freedom
to do what they want. The
state of nature is not
necessarily good or bad. It
is chaotic. So, men do
give it up to secure the
advantages of civilized
society.
To secure natural rights,
namely man’s property and
liberty.
Representation ensures
that governments are
responsive to the people.
Representation is a
safeguard against
oppression.
Governments are designed
to control, not necessarily
represent.
Representation
Governments must be
designed to protect the
people from themselves.
Impact on
Founders
1.
Governments must be
designed to protect the
people from the
government.
2.
Natural Rights must be
secured.
Rousseau
Men in a state of nature
are free and equal. In a
state of nature, men are
“Noble Savages”.
Civilization is what
corrupted him.
To bring people into
harmony. To unite them
under the “General Will”.
Representation is not
enough. Citizens cannot
delegate their civic duties.
They must be actively
involved. Rousseau favors
a more direct democracy to
enact the general will.
1.
Governments must
be responsive and
aligned with the
general will.
2.
People make a
nation, not institutions.
3.
Individual wills are
subordinate to the
general (collective)
will.
Political Continuum
Liberal
Rousseau
Liberal/Moderate
Locke
Conservative
Hobbes