Unit 1: Political Thought on Government Power and Federalism

John Locke and the Foundations of Government Power

  • Influence on the United States: John Locke, a Englishman of the $17^{th}$ century, is cited as the single most important influence shaping the founding of the United States. He is credited with redefining the nature of government.
  • Comparison with Thomas Hobbes: While Locke agreed with Hobbes regarding the self-interested nature of human beings, he maintained a much more optimistic view regarding the human capacity to use reason to avoid tyranny.
  • The Second Treatise of Government: In this work, Locke identified the specific basis of a legitimate government:     * Consent of the Governed: A ruler only gains authority through the consent of those being ruled.     * Natural Rights: The duty of government is to protect the natural rights of the people. Locke defined these rights as life, liberty, and property.     * Right to Overthrow: If a government fails in its duty to protect these rights, the citizens possess the right to overthrow that government.

The Declaration of Independence and Locke’s Influence

  • Thomas Jefferson’s Drafting: Locke’s ideas deeply influenced Thomas Jefferson during the drafting of the Declaration of Independence.
  • The Pursuit of Happiness: Jefferson replaced Locke’s "property" with "the pursuit of happiness." This change was made due to the controversy surrounding the status of enslaved Africans as property.
  • Textual Excerpts (July 4, 1776):     * The Declaration asserts that "Laws of Nature and of Nature's God" entitle people to a separate and equal station.     * It defines "self-evident" truths: all men are created equal and endowed by their Creator with unalienable Rights, including Life, Liberty, and the pursuit of Happiness.     * Governments are instituted to secure these rights, deriving "just powers from the consent of the governed."     * Whenever government becomes "destructive of these ends," the people have the right to alter or abolish it.

Federalism and the Constitutional Debate

  • Definition of Federalism: Established by Article IV of the United States Constitution, federalism is the sharing of powers between the federal government and the individual states.
  • The Ratification Debate:     * Federalists: Advocated for a strong central government and were in favor of ratifying the Constitution.     * Anti-Federalists: Opposed ratification, fearing a strong central authority. They preferred relatively stronger state governments. George Mason was a prominent figure among the Anti-Federalists.
  • Compromise: The Constitution was only ratified after a promise was made to include a Bill of Rights to limit federal power over individuals.

The Bill of Rights (Amendments I-X)

  • Amendment I: Congress shall make no law respecting an establishment of religion, prohibiting its free exercise, or abridging freedom of speech, press, peaceful assembly, and the right to petition.
  • Amendment II: Recognizes a well-regulated militia as necessary to the security of a free State; the right of the people to keep and bear arms shall not be infringed.
  • Amendment III: Prohibits quartering of soldiers in any house without the owner's consent in time of peace; in war, it must follow prescribed law.
  • Amendment IV: Protects against unreasonable searches and seizures. Warrants require probable cause, supported by oath, describing the place to be searched and persons/things to be seized.
  • Amendment V: Rights of the accused, including requirements for a Grand Jury for capital crimes (excepting military cases in war), protection against double jeopardy, protection against self-incrimination, the requirement of due process of law, and just compensation for private property taken for public use.
  • Amendment VI: In criminal prosecutions, the right to a speedy and public trial by an impartial jury, the right to be informed of the nature of the accusation, to confront witnesses, to obtain witnesses in one's favor, and to have the assistance of counsel.
  • Amendment VII: Preserves the right of trial by jury in suits at common law where the value in controversy exceeds 2020.
  • Amendment VIII: Prohibits excessive bail, excessive fines, and cruel and unusual punishments.
  • Amendment IX: States that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people.
  • Amendment X: Declares that powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved to the States respectively, or to the people.

The Alien and Sedition Acts and the Virginia and Kentucky Resolutions

  • The Crisis of 1798: During a war with France, Congress passed the Alien and Sedition Acts, signed by President John Adams.
  • The Sedition Act: Made criticism of the government illegal, leading to the arrest and imprisonment of numerous newspaper editors. This was seen as a clear violation of the First Amendment.
  • The Virginia Resolution (1798): Authored by James Madison.     * Asserted that the General Assembly of Virginia was duty-bound to oppose infractions of principles constituting the Union.     * Argued that federal powers result from a "compact" to which states are parties.     * Stated that in cases of dangerous exercise of ungranted powers, states have the right and duty to "interpose" to arrest the evil.
  • The Kentucky Resolution (1799): Authored by Thomas Jefferson.     * Declared the Alien and Sedition Acts as "palpable violations" of the Constitution.     * Argued that the government is not the exclusive judge of its own powers; the states, being sovereign and independent, have the right to judge infractions.     * Defined "nullification" by those sovereignties of unauthorized acts as the rightful remedy.

The Nullification Crisis and John C. Calhoun

  • The Tariff of 1828: Known in the South as the "Tariff of Abominations," it was perceived to benefit the industrialized North at the expense of the South.
  • Doctrine of Nullification: Formulated by Vice President John C. Calhoun. This doctrine argued that since states created the federal government, they possessed the power to determine the constitutionality of federal laws and could refuse to enforce laws deemed unconstitutional within their borders.
  • South Carolina Ordinance of Nullification (November 24, 1832):     * Declared the acts of May 19, 1828, and July 14, 1832, as unauthorized by the Constitution and therefore "null, void, and no law."     * Prohibited state or federal authorities from enforcing these duties within South Carolina starting February 1.     * Forbidden appeals to the Supreme Court of the United States regarding the validity of the ordinance.     * Required state office-holders (excepting the legislature) to take an oath to obey the ordinance.     * Threatened secession if the federal government used military or naval force to coerce the state.

The Secession of South Carolina (1860)

  • Declaration of Immediate Causes (December 24, 1860): South Carolina cited frequent violations of the Constitution and encroachments on reserved rights.
  • Historical Justification:     * Referenced the struggle for self-government in 1765 and the Declaration of Independence in 1776.     * Referenced the 1783 Treaty of Paris where Great Britain acknowledged the 13 colonies as "free, sovereign and independent states."     * Argued the Constitution was a compact where the General Government acted as a "common agent."
  • Failure of Compact: South Carolina maintained that 14 states (including Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin, and Iowa) failed to fulfill their constitutional obligation under Article IV regarding the rendition of fugitive slaves.
  • The Election of 1860: Cited the election of a President (Abraham Lincoln) by a "sectional party" hostile to slavery as the final subversion of the Constitution. South Carolina declared the Union dissolved and resumed its position as a separate and independent state.