Principles, Philosophies, and People that influenced the American Government
John Locke
English political philosopher, wrote Two Treatises of Government advocating natural rights of life, liberty and property as well as religious toleration, strongest influence on Thomas Jefferson
Charles de Montesquieu
French political philosopher, major work The Spirit of the Laws advocated separation of powers as well as checks and balances to prevent one part of government from becoming too powerful
Republicanism
a philosophy of limited government with elected representatives serving at the will of the people; a belief that the only legitimate government is one based on the consent of the governed.
Right of resistance to illegitimate government
a principle stated in the Declaration of Independence: people have a right to create a government to protect their rights, and governments are established for the limited purposes of securing individual rights; authority is derived from the consent of the governed and people have the right to alter or abolish government when it fails to fulfill its purpose.
Moses
a religious figure who, according to religious traditions, divinely received the Ten Commandments
William Blackstone
an English judge and professor who wrote the four-volume Commentaries on the Laws of England, in which he expressed his views on the common law of England. The four volumes included Rights of Persons, which describes the relationship between the government and the individual; Rights of Things, which explains the right of property; Private Wrongs, which deals with the law of torts or private complaints; and Public Wrongs, which focuses on crimes and punishments, including wrongs against God and religion.
The Enlightenment
an intellectual movement concentrated in France during the 1700s. A group of philosophers including John Locke, Baron de Montesquieu, and Voltaire, sought to apply the rigors of scientific inquiry to study human society. They developed rational laws to describe social behavior and applied their findings in support of human rights (natural rights) and liberal economic theories.
Divine right of kings
belief that monarchs were chosen by God, giving the monarch unlimited authority
Judeo-Christian law
emphasizes how both Jewish and Christian principles influenced the Founding Fathers' personal beliefs about liberty, responsibility, hard work, ethics, justice, and equality.
Social contract theory
in order for man to live in groups, he must give up some of his freedom to the government in exchange for protection of his natural rights. The idea was developed by Thomas Hobbes in Leviathan, expanded by John Locke in Second Treatise on Government, and by Jean Jacques Rousseau in Social Contract. The authority of government is derived from the consent of the governed. The citizens could challenge a government that does not preserve their natural rights. (e.g., Glorious Revolution in England and American struggle for independence)
Unalienable rights
inherent or natural rights possessed by all as a birthright of humanity. The Declaration of Independence, written by Thomas Jefferson, stated "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." Jefferson was inspired by the writings of John Locke's natural rights of "life, liberty, and property."
Laws of nature and of nature's God
phrase found in the Declaration of Independence; includes standards of justice which transcend laws made by humans; also called natural law.
Constitutionalism
the idea that the basic principles and laws of a government should be organized and administered through compliance with a written or unwritten constitution. A constitution effectively restrains the powers of the government and guarantees certain rights to the people.
English Common Law
used in the courts of England since the Middle Ages, common law is based on custom, usages, and general principles found in court decisions that serve as precedents to be applied to situations not covered by statutory law.