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Published on "Liberty and Justice for All" (http://www2.evergreen.edu/libertyandjustice)

Tracey Christianson

 

Republican Political Theories

Found in the

Declaration of Independence

 

One of the first examples that the overall political philosophy of author/philosopher John Locke and Jean-Jacques Rousseau manifested itself in the founding era of the United States is found in the Declaration of Independence (adopted by Congress on July 4, 1776).  To present this argument, I will identify political theories within the Declaration and provide evidence to support their origins to either, or to both, Locke and Rousseau.

The Laws of Nature

In the first paragraph of the Declaration, the words "... the laws of nature ..." give evidence that Locke's views on the state of nature or "laws of nature" were adopted by the political men of the founding era. 

In the "Second Treatise of Government," Locke devotes an entire chapter to his views on the state of nature (8-14).  Within this chapter, Locke compares and contrasts men within a state of nature and men within a society.  He covers such concepts of the state of perfect freedom, man's equality with one another, the state of liberty, preservation of all mankind, and ideas about how justice could be served.  Throughout the "Second Treatise," and in so many places it is nearly impossible to provide adequate and appropriate provide citations, Locke discusses the laws of nature, the state of nature, the fundamental law of human nature, the perfect state of nature and, in contrast, political or civil society.

In contrast, Rousseau starts his political theories at the point when people form societies by consent, and speaks little of the laws or state of nature, except in the context of accepted theory, "This passage from the state of nature to the civil state produces quite a remarkable change in man ..." (26). 

Equality and Unalienable Rights

The Declaration, in its second paragraph, states:

"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."

The colonials held the belief that all men were equal, despite their stations or social positions, and certain rights were bestowed upon them at birth.  The concept of equality and unalienable rights were discussed first by Locke, and also by Rousseau.  Locke theorized that the within a state of nature, all men were created equal (8-9), and evens sums up his statement of the state of nature in his chapter on paternal power.  In this chapter, Locke states "Though I have said above, Chapter II, that all men by nature are equal ... and yet all this consists with the equality, which all men are in, ... being that equal right, that every man hath, to his natural freedom, without being subjected to the will or authority of any other man." (31) and, further, Locke says no one should "... harm another in his life, health, liberty, or possessions..."  (9). 

Rousseau also discussed unalienable rights with statements like, "Man is born free ..." (17) and "They are men and free." (20)  Importantly, it is Rousseau that introduces the word "alienate" which he defines to be "to give or sell" (20) in his Chapter on Slavery.  As an aside, I can't help but think that Rousseau's discussion of slavery as "...a vain and contradictory convention to stipulate absolute authority on one side and limitless obedience on the other" (21) resonated with American colonists and described their one-way relationship with the English monarchy.  Rousseau further introduces the word "inalienable" in Book II, Chapter I, where he describes his thoughts on sovereignty as inalienable, "...sovereignty is merely the exercise of the general will, it can never be alienated ..." (29)  Rousseau also discussed equality, stating the  "...social compact establishes among the citizens an equality of such a kind that they all committed themselves under the same conditions and should all enjoy the same rights." (34)

Majority Consent of the People

Below is the line from the Declaration immediately following the one described above:

"That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."

Both Locke and Rousseau discuss majority rule and the concept of consent of the people in their theories.  Majority rule is such a well established convention today, that it is easy to skip over this unique convention.  However, Rousseau points out that the majority rule concept is one of the first established conventions of a social contract (23).  Locke labors on the point more intently (52-57) including providing reasoned arguments, but reaches conclusion that when the minority is willing to submit to the majority, a lawful government is created (53), and "... that the governments of the world ... were made by the consent of the people" (55). 

This majority rule does not come without limitations.  In order to be palatable to all, both Locke and Rousseau thought the powers of the government must come from the governed.  The majority rule is, in itself, the consent of the governed, and is exampled in Rousseau's statement, "Each of us places his person and all his power in common under supreme direction of the general will; and as one we receive each member as an indivisible part of the whole." (24)  Locke gave great thought to powers of governments, but summarized his thoughts on the legislative powers to include four points:

  1. "... They are to govern by promulgated established laws ... one rule for rich or poor ...
  2. These laws also ought to be designed for no other end ultimately but the good of the people ...
  3. They must not raise taxes on the property of the people, without the consent of the people ...
  4. The legislature cannot "... transfer the power of making laws ..." (75)

Locke's and Rousseau's republican theories continue to be evidenced in the Declarations' litany of complaints against the King of England's monarchial rule, which the authors provided for evidence on why the separation of the colonies from England was necessary.  Examples of the King's intolerable acts included:

Locke believed that a political society must have laws established with the consent and representation of the people, and a legal system to enforce such laws.  Further he advised that the legislature must be standing for no other purpose, but for the good of the people, and the legal system be fair to all men regardless of property or standing in society.

Locke strongly stated that men would not feel safe in civil society without representative legislatures and just legal systems, "... people finding their properties not secure under the government, as then it was, (whereas government has no other end but the preservation of property) could never be safe nor at rest, nor think themselves in civil society, till the legislature was placed in collective bodies of men, call them senate, parliament, or what you please." (51)

Rousseau had a slightly different philosophy.  Rousseau proposed that "the populace that is subjected to the laws ought to be their author" (38) and because of the need for these laws to be created in spirit to benefit all, Rousseau said it was necessary to have a legislator.  Rousseau went on to describe the attributes of a legislator (38-41), and seemingly due to incompatible ideals, also established a need for a justice or legal system outside of the legislative one.  "Thus we find together in the work of legislation two things that seem incompatible: an undertaking that transcends human force, and, to execute it, an authority that is nil." (40)

The ideals of government brought forward by Locke and Rousseau were clearly on the minds of the colonials as they undertook the enormous task of creating a government for the United States of America.  Proof of the two philosophers influence is evidenced in the very wording of Declaration of Independence (as described in this paper), and later in the Articles of the Confederation and Constitution of the United States. 

I find it difficult to differentiate some of the views of Locke and Rousseau, and it is important to remember that Locke, having published the first three editions of the "Second Treatise of Government" in 1689, 1694, and 1698 formed a foundation for at least some of Rousseau's views seen in "On the Social Contract" published in 1762.    A fourth edition of the "Second Treatise" published in 1768 some 60 years after Locke's death in 1704, contained extensive revisions from the author.  The fourth edition is the edition we work from today, however, those that were influenced by Locke's thoughts and theories would have been using one of the earlier versions of the "Second Treatise." 

How did the political philosophy of either Locke and Rousseau manifest itself in the founding era of the United States?

What features of the political philosophy of Locke or Rousseau were appealing to the leading political men of the founding era of the United States, and why were these features appealing?


Bibliography

Locke, John.  Second Treatise of Government.  Hackett Publishing Company, Indianapolis, Cambridge.  Originally published in 1690.

Rousseau, Jean-Jacques.  On the Social Contract.  Hacket Publishing Company, Indianapolis, Cambridge.  Originally published in 1762.

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