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Philosophical Influences On The Constitution

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Philosophical Influences On The Constitution
Philosophical Influences on the Constitution
The early years of this nation had hard working, visionary men who did not seek to impose their own will and ideals on the newly forming country; they were well versed on political systems throughout history, and read books and articles by philosophers such as John Locke and Montesquieu. History, philosophy and legal writings were a normal part of education therefore the theories of natural rights, republicanism and social contract were not novel ideas to the Framers of the Constitution.
After the American Revolution, these great men from each colony understood how unfair the political system they had been living under was and were determined to adopt the best theories and ideas to create a fair
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Locke wrote about “natural rights.” Duane Smith, Associate Professor of Political Science at the University of California at Los Angeles, wrote an in-depth article about the political philosophy of the Constitution and says this about John Locke, “Locke held that the inalienable rights of individuals form the basis of all rightful governments. According to him, individuals possess these rights simply by virtue of their humanity” (Smith, par 19). Later in the article Smith addresses Locke’s’ comments regarding natural rights, “The authority exercised by governments is exercised on the basis of the consent of the governed and they consent to the exercise of that authority in order to acquire security for their natural rights to life, liberty and estate” (Smith, par 20). According to Smith, Locke thought about what life could possibly be like if there was no accountability in the form of some type of government. “Life in the state of nature is insecure because without government there is no single authority to determine what the law of nature demands and to enforce those demands. All men being equal, each is entitled to enforce the law of nature and to punish transgressors. Locke thought that the disadvantages of this are obvious: men's …show more content…
Montesquieu came from a family of nobility in the late 1600’s. He lived under a monarchy, but traveled and studied in England where he observed Parliament and the House of Commons and reflected on how such as system, if correctly set up could act as a way of checks and balances on each other in which no one branch had total control. This concept we see very clearly in our Constitution. Montesquieu also believed that there was an understood “social contract” among mankind and that “the need for food…caused the timid humans to associate with others and seek to live in a society” (Costly, par

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