John Locke, Collective Constitutional Rights And Standing To Challenge Government Action

John Locke, a Scottish philosopher had a profound influence on some of the most important documents to come about in American history. In The Second Treatise of Civil Government, his political and philosophical thinking can clearly be seen to have influenced the Declaration of Independence and Common Sense by Thomas Paine. Since Locke’s political theory influenced these two documents so greatly, one can see the similarities of them. Both documents seem to agree with the same aspects of freedom and government, with very minor disagreements.

English philosopher and political theorist, John Locke experienced the English Civil Wars first-hand which would later prompt him to question the purpose and structure of government. The wars were the result of conflict between a king who claimed absolute authority by divine right and a Parliament that believed itself to have authority independent of the crown. The English Civil Wars provided the context in which Locke would develop the arguments for his most famous work, the Second Treatise of Government. In the work, Locke begins by claiming that without the existence of government humans exist in a state of nature. Since there is no governing body in the state of nature individuals are free to

Would John Locke agree or disagree with “self defense” after government has formed? First I will explain John Locke’s reasons for self-defense. Next I will explain his reasons against defending oneself. Lastly I will put it all together.

The Lockean ideas are fundamental in the founding documents. In the preamble of the U.S. Constitution, it begins with a revolutionary phrase, “We the people.”The first three words of the preamble to the Constitution suggest one element unique to the American Revolution. First, its outcome was a government created by the people, and for the service of the people. The new American government was not one existing independently of them or, in some respect, over them. The idea of popular sovereignty in the United States predates the

In his Second Treatise on Government Locke focus’ on liberalism & capitalism, defending the claim that men are by nature free and equal against the idea that God had made all people subject to a king. He argued that people have ‘natural rights’, such as the right to life, liberty, and property, that hold the foundation for the major laws of a society. He says, “…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.” (2nd Treatise, Chapter 2, sec 4). John Locke used this claim, that all men were naturally free and equal, for understanding the idea of a government as a result of a social contract. This is where people in the state of nature transfer some of their rights to the government in order to better guarantee the steady and comfortable enjoyment of their lives, liberty, and property.

John Locke believed that citizens should give power to those who govern them but not absolute power. He suggested that the "power must remain with the ruled" (Fiero, 97). His social contract that he proposed was similar to Hobbes but

John Locke believed in the state of nature and the dissolution of government. Locke states “When the government is dissolved,the people are at liberty to provide for themselves by erecting a new legislative.” In the quote above John Locke is saying that people are responsible enough to govern themselves without being judged.

The United States Constitution has a great impact on American’s life. The U.S. Constitution recognized America’s national government, fundamental laws, and guaranteed certain basic rights for its citizens. Out of all the philosophers, John Locke’s philosophy had the greatest impact on the decisions that were made at the Philadelphia Convention and the writing of the United States Constitution. Locke introduced the ideas of natural rights and limited government.

Locke’s arguments for liberty sound familiar today, but he believed that one must choose between liberty and equality. Locke’s argument that any government which did not admit to the principles of freedom ceased to be legitimate especially appealed.

John Locke defends the right to private property in Second Treatise of Government by transforming Biblical principles into Capitalist principles. Locke explores nine steps that stem from the Book of Genesis to explain “in a positive way how men could come to own various particular parts of something that God gave to mankind in common” (Locke 11). Locke believes that the unnatural inequality is perfectly acceptable. because he notes that some people work harder than others so they deserve more. The only way to ensure his argument is to guarantee that private property is secured by divinity, otherwise men can give and take away property freely, which includes the sovereign.

The Second Treatise of Government provides Locke's theorizes the individual rights and involvement with the government; he categorizes them in two areas -- natural rights theory and social contract. 1.Natural state; rights which human beings are to have before government comes into being. 2.Social contact; when conditions in natural state are unsatisfactory, and there's need to develop society into functioning of central government.

John Locke argued that people should have the right as an individual to create a good government. “Men are naturally in, a state of perfect freedom to order their actions, and dispose [manage] of their possessions and persons, as they think fit within the bounds of the law of nature…” (Doc A). Humans are

John Locke’s views on rebellion and civil disobedience puts emphasis on the “state of nature” of man. He determines that man is naturally in this state of nature, meaning man has the power to resolve his issues himself. The only way for a man to execute his personal justice is for his personal property to be damaged by another man. Retaliating only to the extent of the crime committed. When brought together, these men formed a community and the only way for them to function was to implement restrictions on this state of nature in exchange for the protection by the Executive and peace provided by the Legislative. If any of these rules were to be broken it would be punished by the executive and not the person the crime was committed against. Locke stated that if the legislature was to overturned due to a portion of the community rebeling, then a new legislature implicated. This exposes the people to the danger of a naturally state of mind but in a large body. The rest of the people have no other choice but to protect their property themselves, creating a civil war.

To understand their views on revolt, and when it is justified, one must first review the responsibilities each believes the government to have. To Locke, the government works to preserve innate rights, that is, rights

John Locke was born on August 29, 1632, into a middle class family during late Renaissance England. Locke started his studies at Christ Church in Oxford. He then went into medical studies and received a medical license, which he practiced under Anthony Cooper. They became friends, and when Cooper became Earl of Shaftesbury, Locke was able to hold minor government jobs and became involved in politics. Shaftesbury steered Locke towards the views of a government whose law was fair to all, and all were under the law.