Principles of Government in Foundational American Documents

The Declaration of Independence

Natural rights represent the fundamental qualities that individuals possess, which include life, liberty, and the pursuit of happiness. The authority of the government is derived from popular sovereignty, signifying that it obtains its power specifically from the consent of the governed. In this framework, the government exists as part of a social contract designed to secure and protect these inherent natural rights. To prevent the abuse of authority, the principle of limited government is established, granting the people the right to alter or abolish the government if it becomes destructive of their rights.

The Articles of Confederation

Created following the struggle for independence, the Articles of Confederation were intended to help preserve the natural rights of freedom and independence for which Americans had fought. Popular sovereignty under this system rested heavily with the states; the national government was based on representatives chosen by the states, while the states themselves retained significant power. The social contract established a national government so that the individual states could work together for their common defense, security, and general welfare. To ensure a limited government, the national government was granted very limited powers, while the majority of governing authority remained with the individual states.

The Constitution of the United States

The Constitution defines natural rights through the protection of individual liberties, most notably through the Bill of Rights, which includes essential freedoms such as speech and religion. The principle of popular sovereignty is represented by the opening phrase "We the People," which serves as an explicit declaration that the power of the government originates from the people. Under the social contract, the government is established to provide order, establish justice, provide for defense, and promote the general welfare. Limited government is maintained through a complex system of separation of powers, checks and balances, federalism, and the structural protection of individual rights, all of which serve to prevent the government from abusing its authority.

Federalist No. 10

Federalist No. 10 recognizes natural rights by acknowledging that people naturally possess different interests, opinions, and rights, including the foundational right to hold property. Within this framework, popular sovereignty operates through a representative system in which citizens elect representatives to make decisions on their behalf. The social contract exists to help control the effects of factions and to protect the diverse rights and interests of different groups within society. To address the problem of authority and facilitate limited government, it is argued that a large republic with many different interests and elected representatives makes it significantly harder for any single faction or group to gain complete control over the system.

Brutus No. 1

In the perspective of Brutus No. 1, natural rights involve the protection of individual and state liberties from a central government that has the potential to become too powerful. Popular sovereignty requires that representatives remain physically close and strictly accountable to the people they represent to ensure their authority remains legitimate. The social contract dictates that while government exists to serve and protect the people, it must remain close enough to the populace to truly represent their specific interests. Brutus argued that the proposed Constitution failed to ensure a sufficiently limited government, granting the federal government too much power. There was a specific fear that the Necessary and Proper Clause and the Supremacy Clause could allow the federal government to overpower individual states and threaten the liberties of the people.