Primary Source Activity: Freedom, Equality, Justice, and the Social Contract Connecting Locke s Ideas to Our Founding Documents

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1 Primary Source Activity: Freedom, Equality, Justice, and the Social Contract Connecting Locke s Ideas to Our Founding Documents The second step in our Primary Source Activity involves connecting the central ideas presented in John Locke s written works with some our nation s founding documents. We will examine the four documents provided (the Virginia Declaration of Rights, the Declaration of Independence, excerpts of the U.S. Constitution, and the Bill of Rights) and identify where there is evidence of a potential connection between Locke s writings and the founding documents. Note that the first entry is completed as an example. There will not necessarily be connections in each case, but look carefully sometimes just a few words will capture the idea. Summary of central idea in Locke s Second Treatise of Government Ch. II, Section 4: Freedom/Liberty: Individuals are the source of sovereign political power and can do what they want with themselves and their property Equality: Individuals are fundamentally equal. Ch. II, Section 6: Limits on Freedom: Personal liberty does not give us the right to harm ourselves or infringe on the natural rights of others Natural Rights: Defined as life (and health), liberty, and property Evidence in the Virginia Declaration of Rights (1776)? Section 1: That all men are by nature equally free and independent Section 2: That all power is vested in, and consequently derived from, the people Evidence in the Declaration of Independence (1776)? Para 1: and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature s God entitle them Para 2: We hold these truths to be self-evident, that all men are created equal, Evidence in excerpts of the U.S. Constitution (1787)? Preamble: We the People of the United States, in Order to form a more perfect Union Evidence in the Bill of Rights (1791)? Amendment IX: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

2 Ch. IV, Sections 22-23: Slavery Violates Natural Rights Ch. VI, Section 27: Right to Property Ownership Ch. VIII, Section 95: Social Contract: Individuals may agree to give up some of their rights in return for working with others in society to create a government that protects most of their rights

3 Ch. IX, Sections : Law and Justice: The primary goal of government is to protect property rights, which is accomplished through an established system of law and the exercise of fair and impartial justice Ch. XIX, Section 222, : Right to Change Government: People in society have the right to alter or abolish their government when it consistently abuses their natural rights (the people are sovereign) Summary of central idea in Locke s A Letter Concerning Understanding: Freedom of Religion: Individuals have freedom of religion. Government cannot force them to conform to a certain set of religious beliefs.

4 Primary Source Activity: Freedom, Equality, Justice, and the Social Contract Connecting Locke s Ideas to Our Founding Documents: Target Responses The target responses provided below offer some examples of possible connections between Locke s ideas and those expressed in the Founding documents. These are designed as a starting point only and you are welcome to add, adapt, or revise as needed. The same approach to corroborating documents can be taken without reference to Locke. For example, students could be provided with specific passages and summary concepts in the Virginia Declaration of Rights and then be asked to find connections in the Declaration of Independence and/or the Bill of Rights. Locke s A Letter Concerning Toleration could also be connected to Jefferson s Statute for Religious Freedom (1786) among other documents. Summary of concept found in Locke s Second Treatise of Government Ch. II, Section 4: Freedom/Liberty: Individuals are the source of sovereign political power and can do what they want with themselves and their property Equality: Individuals are fundamentally equal. Evidence in the Virginia Declaration of Rights (1776)? Section 1: That all men are by nature equally free and independent Section 2: That all power is vested in, and consequently derived from, the people Evidence in the Declaration of Independence (1776)? Para 1: and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature s God entitle them Para 2: We hold these truths to be self-evident, that all men are created equal, Evidence in excerpts of the U.S. Constitution (1787)? Preamble: We the People of the United States, in Order to form a more perfect Union Evidence in the Bill of Rights (1791)? Amendment IX: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Ch. II, Section 6: Limits on Freedom: Personal liberty does not give us the right to harm ourselves or infringe on the natural rights of others Natural Rights: Defined as life (and health), liberty, and property Section 1: and have certain inherent rights, of which, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. Section 12: freedom of the press is one of the great bulwarks of liberty Para 2: that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Preamble: and secure the Blessings of Liberty to ourselves and our Posterity Amendment I: Congress shall make no law abridging the freedom of speech, or of the press, or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

5 Ch. IV, Sections 22-23: Slavery Violates Natural Rights Section 8: that no man be deprived of his liberty except by the law of the land or the judgment of his peers.? but check the original draft! Examples contrary to the ideal: Article I, Section 2: three fifths of all other Persons.? Article I, Section 9: The Migration or Importation of such Persons shall not be prohibited by Congress prior to the year (1808) Ch. VI, Section 27: Right to Property Ownership Section 1: with the means of acquiring and possessing property... Section 6: cannot be taxed or deprived of their property for public uses without their own consent Section 11: That in controversies respecting property, the ancient trial by jury is preferable List of Grievances: For cutting off our trade For imposing Taxes on us without our Consent Article IV, Section 2: shall be delivered up on Claim of the Party to whom such Service or Labour may be due Article I, Section 8: The Congress shall have the Power To promote the progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, Amendment VII: In suits at common law, the right of trial by jury shall be preserved, Ch. VIII, Section 95: Social Contract: Individuals may agree to give up some of their rights in return for working with others in society to create a government that protects most of their rights Section 3: That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community Para 2: That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed Preamble: We the People do ordain and establish this Constitution for the United States of America. Article I, Section1: All legislative Powers herein granted shall be vested in a Congress of the United States Preamble: as extending the ground of public confidence in the Government, will best ensure the beneficent end of its institution. Amendment X: The powers not delegated to the United States by the Constitution, are reserved to the States or to the people.

6 Ch. IX, Sections : Law and Justice: The primary goal of government is to protect property rights, which is accomplished through an established system of law and the exercise of fair and impartial justice Ch. XIX, Section 222, : Right to Change Government: People in society have the right to alter or abolish their government when it consistently abuses their natural rights (the people are sovereign) Summary of central idea in Locke s A Letter Concerning Understanding: Freedom of Religion: Individuals have freedom of religion. Government cannot force them to conform to a certain set of religious beliefs. Section 2: magistrates are their trustees and servants... Section 7: That all power of suspending laws, or the execution of laws, without consent of the representatives of the people, is injurious to their rights and ought not to be exercised. Section 8: a man has a right to demand the cause and nature of his accusation that no man be deprived of his liberty except by the law of the land or the judgment of his peers. Section 9: That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments be inflicted. Section 3: And that, when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it Section 16: That religion, or the duty that we owe to our Creator, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, List of Grievances: He (the king) has refused his Assent to Laws, the most wholesome and necessary for the public good. He has obstructed the Administration of Justice For protecting them (British troops), by a mock Trial, from punishment For depriving us in many cases, of the benefits of Trial by Jury. For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments, Para 2: That whenever any Form of Government becomes destructive of these ends, it is the right of the People to alter or abolish it, and to institute new Government, it is their right, it is their duty, to throw off such Government, List of Grievances (all) Last Para: We, appealing to the Supreme Judge of the world for the rectitude of our intentions Note that religious references are very broad. Preamble: establish Justice, Article I, Section 8: The Congress shall have the Power To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, Article I, Section 9: The Privilege of the Writ of Habeas Corpus shall not be suspended Article III (Judicial branch) Article IV, Section 1: Full faith and credit shall be given in each state to the public Acts, Records, and judicial Proceedings of every other state Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for Article V (Amendments) Article VI: The Senators and Representatives shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust Amendment V: No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury and to be informed of the nature and cause of the accusation, and to have the Assistance of Counsel for his defense. Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Preamble: The Conventions of a number of the States, having at the time of their adopting of the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses be added Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

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