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Scaffolded Primary Sources: John Locke and Baron de Montesquieu

Scaffolded excerpts of The English Bill of Rights, John Locke's "Two Treatises on Government", and Baron de Montesquieu's "On the Spirit of the Laws ".

What were the philosophical influences on the Founders?

 

Primary Source: The English Bill of Rights, 1689 

 

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English Bill of Rights, 1689

In 1688, England
overthrew its absolutist King James II and replaced him with King William III
and Queen Mary II, who promised to respect the authority of Parliament and
not rule absolutely. In 1689, Parliament drafted a Bill of Rights, which stated the powers of Parliament and the rights of individuals. England became a constitutional monarchy where laws limited royal power.

That the pretended
power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal‚

 

That the raising or
keeping a standing army within the kingdom in time of peace, unless it be
with consent of Parliament, is against law‚

 

That freedom of
speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament,

 

That excessive bail
ought not to be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted‚

-the king cannot suspend laws or
refuse to carry out laws without asking Parliament. He must rule WITH
Parliament.

 

 

Primary Source: John Locke, Second Treatise of Government, 1689

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John Locke, Second Treatise of Government, 1689

John Locke was an English political philosopher who was greatly influenced by the outcome of the Glorious
Revolution. Locke believed that in a state of nature, humans were rational
beings and equal in their natural rights to life, liberty, and property. These rights could not be taken away by anyone without their consent.

To understand political power right, and derive it from its original, 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, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man.

The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions: 

But though men, when they enter into society, give up the equality, liberty, and
executive power they had in the state of nature, into the hands of the
society, to preserve [themselves, their] liberty and property.

 

 

 

Primary Source: Montesquieu, On the Spirit of the Laws 

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Baron de Montesquieu, On the Spirit of the Laws, 1748

Baron de Montesquieu was a French political philosopher who studied the customs and governments of different countries of Europe. In his most famous work, On the Spirit of the Laws Montesquieu described how a government should be set up to avoid tyranny.

 

In every government there are three sorts of power‚

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‚

As in a country of liberty, every man who is supposed a free agent ought to be his own governor; the legislative
power should reside in the whole body of the people. But since this is impossible in large states, and in small ones is subject to many inconveniences, it is fit the people should transact by their representatives what they cannot transact by themselves.