Jefferson and the John Lockes Social Contract Theory - Research Paper Example

Jefferson and the John Locke’s Social Contract Theory We hold these truths to be self–evident, That all men are created equal, That they are endowed by their Creator with certain unalienable Rights, That among these are Life, Liberty and the pursuit of Happiness.– That to secure these rights, Governments are instituted among Men, Deriving their just powers from the consent of the governed. (The Declaration of Independence, 1776) The most famous lines from the Declaration of Independence, it is quite evident that John Locke had a major impact in the forming of the United States Constitution through Thomas Jefferson. He had since been inspired and ardently believed that freedom is generally true to all men and that happiness is the ultimate goal of human beings. Dismayed by the surrounding colonization and tyranny of the English Monarchy, the ideals of a democratic state were clearly expressed through his writings. Freedom must be unqualified for it to be truly realized and only then could happiness be grasped. Virginian Thomas Jefferson is the symbolic representative of the government which the principles of a popular and democratic government of the United States of America (Lipscomb, 1903). John Locke through his Social Contract Theory became the basis for many concepts as applied in the U.S. Constitution. The will of the many becomes the main objective of a government which comes before the law and God. This is the source of the power of the civil government. This avoids the penchant for bias common among men. Therefore, the voice of the majority must prevail over the interest of the few. That no one can be coerced to comply with power that is otherwise the Supreme Law for the good of the many (Locke, Two Treatises of Government, 1759). Contained in the chapter titled ‘Of the End of Political Society and Government,’ this professes vehemently the separation of church and state. This is among the most significant aspects of the U.S. Constitution as most countries especially from the time from when the colony was starting to build its independence did not consider this belief. There was still the power and the fear of the church which directs the dynamics of the society. Thomas Jefferson was attacked as an atheist by the Federalist clergy during the 1800 election. It was one of the most exciting elections as both Jefferson and Burr gained 73 votes each which led to the casting of the 36 ballots that ultimately led to Jefferson being elected as the third president of the United States of America (Ellis, 1996). The legislative is an important branch of the government but it has its own limitations. It is the cumulative power of all the components of the society designated to perform acting for the the community yet it must be remembered that “nobody can transfer to another more power than he has in himself; and nobody has an abslosute arbitrary power over himself, or over any other, to destroy his own life, or take away the life or property of another. A man, as has been proved, cannot subject himself to the arbitrary power of another; and having in the state of nature no arbitrary power over the life, liberty or possession of another” (Locke, Two Treatises of Government, 1759). The power of the legislative in consideration of all its limitations gives rise to the function of the congress to their power and capacity to promote the common good of the people that they must duly represent. Their power is restricted to the call for public advantage towards the adherence to the equality and quest thereof of all their constituents. They are devoid of any such right to devastate people’s rights or turn anyone into slavery, robbing them of their liberty and their natural right. The laws of nature must be coincided with the laws of man which is primarily what is being observed. This as it is apparent in the current system of the legislative system of the government is one of the main aspects which makes the U.S. Federal Government an extension of John Locke’s theory. Delegation is an integral part of sovereignty and that representatives are appointed by the people. The United States Congress and Senate are elected by the people through an election, by the majority prevailing through their selection of who they believe is the most competent to stand for them and push for their welfare. Another reality that is enforced by the legislative is its duty to execute justice and identify the rights according to the current laws in association with the judges of the court. Because the laws of nature are unwritten and simultaneously subjective, the judiciary system is important in enabling the rights of the people and gurad their properties. Locke states that the purpose of the state is to unite people under the desire to be governed by declared laws for the peace that they may enjoy and the protection of their property, though not absolute in its security, governed by the laws declared according to what they deem fitting for this is the concurrence of the state of nature. This does not necessitate that those who have property have greater rights for the government may create laws to regulate it (Two Treatises of Government, 1759). This easily translates to the inherent powers of the government which includes police power, eminent domain and taxation. The Federalist which is the the compilation of 85 articles calling for the ratification of the Constitution were published in two publications, ‘The Independent Journal and ‘The New York Packet.’ Written anonymously during its time of publication, the texts were authored by Alexander Hamilton, James Madison and John Jay. Federalist No.51 presents the most important aspect for a working democracy. The promotion of checks and balances among the varying departments ensures that all members of the government are meeting what their duties and responsibilities call for. Addressed to the people of New York, the essay lays the groundwork in maintaining the separation of power in the different departments as instituted in the Constitution. This ‘defect’ must be addressed by engineering a structure where all are in place (The Federalist Papers, 2001). Opposition may carry a stigma of negativism but it contains a sense of keeping everyone on their feet. Checks and balances are integral in the practice of public administration especially in a democratic society where complacency may be the end of growth. This is a form of challenging and assessing the honesty of the public servants and reinforcing their commitment for progress. The essay calls for standards in the appointment on the offices of the executive, legislative and judiciary office where they should be through the fundamental authority of the public without the influence of one another for any of the departments. It must be kept in mind that there are particular qualifications for each position and that the tenure of appointments must suppose independence within each department as much as possible (The Federalist Papers, 2001). The three branches of the government and their dependence is the supreme facet of a true democracy. This assures that none of the three abuse their power and that they function in accordance with their functions in society. The equality between the magistrates, the president and the congress gives flexibility to the extent of the power of each department. John Locke pertaining to the possibility of man being tempted to abuse authority, the practice of making laws and executing them must be divided among individuals. By doing so, those who create the law are not in the right of creating such laws only to suit them or disregard them. Legislators are also subjected to the laws which they themselves have created, ergo, guaranteeing that public good is not subordinated to personal interest (Locke, Concerning Civil Government, Second Essay: An Essay Concerning the True Original Extent and End of Civil Government, 1998). A government is primarily an agreement among people who adhere to the same principles and beliefs. The United States of America is a manifestation of this. The cradle of democracy, the Founding Fathers envisioned a country which pursues the same goals and values. The Declaration of Independence contains these ideas which are deeply embedded in the proliferation of democracy as we know it. Rights, life, liberty, happiness and security are the definitive words that binds the country into unity. Thomas Jefferson, the solitary author of the Declaration impresses upon us the continuity of the theories of John Locke carried out in a country which demonstrates what these ideals are all about. Bibliography Ellis, E. S. (1996, October). Great americans of history: Thomas Jefferson. United States. Ess, D. C. (n.d.). Notes on John Locke. Retrieved April 22, 2010, from http://www.drury.edu/ess/alpha/Locke1.html Lipscomb, A. A. (1903). The Writings of Thomas Jefferson. The Thomas Jefferson Memorial Association. Locke, J. (1998). Concerning civil government, second essay: an essay concerning the true original extent and end of civil government. Pennsylvania: Pennsylvania State University. Locke, J. (1693). Some thoughts concerning education. Retrieved April 23, 2010, from http://www.socsci.kun.nl/ped/whp/histeduc/locke/ Locke, J. (1759). Two treatises of government. London. The federalist papers. (2001). Pennsylvania: The Pennsylvania State University. Woods, D. (2009, December 27). John Locke- father of the enlightenment inspires the U.S. Constitution. Retrieved April 22, 2010, from Ezine Articles: http://ezinearticles.com/?John-Locke---Father-of-the-Enlightenment---Inspires-The-U.S.-Constitution&id=3482954 Read More