Test 1 Flashcards
(108 cards)
John Locke
Philosopher from the “Age of Enlightenment” heavily influenced the American founders
Was an English doctor and Enlightenment philosopher who used reason to think about government
Performed a “thought experiment” about where government comes from (he started with “The State of Nature”)
John Locke and other Enlightenment philosophers heavily influenced the American Founders
The Age of Enlightenment
Lasted from the late 1600s to the late 1700s
Enlightenment philosophers emphasized human reason over simple acceptance of tradition (logic, science, skepticism)
The State of Nature
Imaginary state
Both beautiful and harsh
There is good news and bad news about Locke’s (theoretical) State of Nature
In the state of nature, people are free and equal
The state of nature is governed by natural law, which saws “Do No Harm”
Who has the right to enforce natural law?
Everyone
Assumes that everyone is going to execute the law of nature fairly
Thus, the state of nature is unsafe and un-secure
According to Locke, the solution to the state of nature is government
In a democratic government…
People trade some of their liberty for security
Trading liberty for security
You trade your right to enforce natural law (self-help)
You accept the will of the majority, even if you disagree
Your remaining freedoms are safer and more secure
“Beware the poison apple”
When the government conducts warrantless electronic surveillance, we trade liberty for success
Post 9/11
The NSA conducted warrantless electronic surveillance of suspected terrorists
“The program has been successful in detecting and preventing attacks inside the United States”
Some argue the trade-off in liberty is too high
John Locke and other Enlightenment philosophers heavily influenced the American Founders
The Founders were in a “State of Nature” (almost)
The Declaration of Independence asserts that people are inherently free and equal
The Declaration of Independence asserts that good government comes by consent
How do you define “freedom”
“Clarity of expression” requires the careful definition of terms
“There is no word that admits of more various significations…than that of liberty” (Montesquieu)
The different visions of freedom
Negative freedom
Positive freedom
“Negative” freedom
Requires government absence (freedom “from” interference) - government leave me alone!
Limited government
Founders’ views
Less security - higher risk
“Positive” freedom
Requires government aid (freedom “to” free healthcare) - government help me!
Cost money
Active government
More security
Different visions of equality
Equality “before the law”
Equality of “opportunity”
Equality “before the law”
Means the government treats everyone the same
Equality of “opportunity”
Means the government helps certain disadvantaged groups
Founders first attempt at a national government
The “Articles of Confederation”
The “Articles of Confederation”
Were a “league of friendship” between sovereign and independent states
There was a congress but no president and no Supreme Court
The national government was not strong enough to fend off foreign powers
The national government was also threatened by domestic unrest
The Founders believed a radical change was necessary: a new Constitution
There was a Congress but no President and no Supreme Court
Each state was responsible for contributing taxes and troops upon request
BUT the national government had no power to enforce its requests
Under the Articles, the national government was not strong enough to fend off foreign powers
Britain still had troops in Midwest and Canada
Spain claimed Florida, California, and the Mississippi River Valley
American merchant ships were attacked by the Barbary Pirates
Did America value freedom at the expense of security?
Under the Articles, the national government was also threatened by domestic unrest
Many states had financial difficulties paying off war debts
Poor farmers were especially desperate for relief from debt and high taxes
Captain Daniel Shays led an attack on a federal armory in Springfield, MA
-Shay’s Rebellion was put down, but there were many casualties
The Founders believed a radical change was necessary: a new Constitution
Away from the Articles to a “more energetic government”
Some argued the trade-off in liberty was too high (Anti-Federalist)
In 1787, the Founders held a Constitutional Convention in Philadelphia
Constitutional Convention
The goal? Rewrite/ replace the Articles of Confederation
James Madison
After 4 months, of negotiations, the Constitution was ready, but not yet ratified
Anti-Federalists (like Patrick Henry) argued that the trade-off in liberty was too high
To defend the proposed Constitution, we had the Federalist Papers
The Constitution could not become law until it was ratified by at least 9 states (Art. VII)
James Madison
“Father of the Constitution”
One of the delegates from Virginia
Small man with a dizzying intellect
