CONSTITUTION QUESTIONS AND ANSWERS
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Social Contract ANS >>An agreement between people and government in which citizens consent to
being governed so long as the government protects their natural rights.
Natural Rights ANS >>the idea that all humans are born with rights, which include the right to life,
liberty, and property
State of Nature ANS >>A theory on how people might have lived before societies came into
existence. is a condition in which all of us live individually and solitarily, prior to the existence
of society. We are physically and mentally capable of achieving our own survival.
Montesquieu (1689-1755) ANS >>contribution in The Spirit of the Laws (1748) regards the
structure
of political institutions. He argues for a separation of powers: legislative, executive, and judicial.
Each will serve as a check on the power of the other, limiting the harm each might do. separates
power to offset the power of different social interests: ordinary people, the aristocracy, and the
monarch.
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, Thomas Hobbes (1588-1679): ANS >>One of the first individuals to contribute to the idea of the
social contract was a pre-Enlightenment English philosopher. Hobbes argues that society is not
something natural and immutable, but rather it is something created by us. We do this to resolve
problems we collectively face, to make our lives better. State of Nature: it's "a war of all against
all." Basically, the state of nature is a pretty nasty place where lives are perpetually insecure.
John Locke (1632-1704) ANS >>we are autonomous individuals, capable of using reason, and are
driven to advance our personal interests. Our primary interest is survival, which we want to make
secure and comfortable. To achieve this security and comfort, we acquire property. Two
Treatises of Government, disagrees, saying the state of nature is a relatively decent place. All its
inhabitants are rational people, mindful of the basic law of nature to not harm another, and
people will get along okay. But our relationship in the state of nature is "inconvenient," implying
an incentive for us to devise a better, more convenient arrangement.
Jean-Jacques Rousseau (1712-1778) ANS >>A French man who believed that humans are naturally
good and free and can rely on their instincts. He also advocated a democracy because he believed
the government should exist to protect common good. Like other Enlightenment thinkers, he was
passionately committed to individual freedom, but he attacked rationalism and civilization as
destroying, rather than liberating, the individual. He also called for a rigid division of gender
roles, believing women should be subordinate in social life. His ideals greatly influenced the
early romantic movement, which rebelled against the culture of the Enlightenment in the late
eighteenth century. Rousseau was both one of the most influential voices of the Enlightenment
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, and, in his rejection of rationalism and social discourse, a harbinger of reaction against
Enlightenment ideas.
Constitution is influenced by the Enlightenment ANS >>(Separation of powers) embodies
Montesquieu's principles by separating the legislative, executive, and judicial power, placing
each into the hands of different political actors.
Bill of Rights influenced by Enlightenment ANS >>· The First Amendment gives us a definitive
declaration for the protection of natural rights. Protections of individual conscience as well as
protections for democratic participation (John Lock ideology).
· The Second Amendment, which also embodies Lockean ideas, permits the possession of arms
for the "security of a free State."14 In this Amendment, the right to rebellion is established.
· Due process says all citizens are subject to fair and equitable treatment.
· The Fourth - Eighth Amendments serve to both limit the power government has over us and lay
out procedures which must be followed when dealing with us.
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, · The Ninth Amendment makes it clear that the list of rights protected in the first eight
Amendments is not exhaustive and that we, the people, can assert additional natural rights when
we see fit (at least in theory.)
· The Tenth Amendment makes clear that powers not specifically granted to the federal
government are retained by the states and the people (these last two are Lockean ideals)
Declaration of Independence influenced by Enlightenment ANS >>Locke maintains that society is a
rational but voluntary expression. Government, which serves to regulate the terms of the social
contact on which society is created, serves to protect our natural rights and serve as a democratic
conduit for our interests. Most important of our natural rights are liberty and property.
National Government under the Articles of Confederation ANS >>unicameral congress, or one
chamber known as the Confederation Congress. no executive or judicial branch. Functions in
order to make sure that the national government did not have too much power and that the power
of the states remained protected. had the authority to exchange ambassadors and make treaties
with foreign governments and Indian tribes, declare war, coin currency and borrow money, and
settle disputes between states. Each state legislature appointed delegates to the Congress; these
men could be recalled at any time. Regardless of its size or the number of delegates it chose to
send, each state would have only one vote. Delegates could serve for no more than three
consecutive years, lest a class of elite professional politicians develop. The nation would have no
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