Constitution

Essay Paper #3

A)

The "Social Contract" was a theory written in the 17th and 18th century. This theory argued four important main points. These main points said that the state existed to serve the will of the people, that people were the only source of government power, that the people were free to withhold power of the government, but also had the ability to give power to the government, and finally it stated that the ideas in this document limited government, individual rights, and popular sovereignty. James Harrington, Jean Jacques Rousseau, Thomas Hobbes, and John Locke wrote this document.

Thomas Hobbes and John Locke were both very important men, and both had a tremendous influence on the upcoming of this country. However, as much as these men had in common, some of their beliefs were very different. For example, Hobbes believed that politics should be based on the desire of power and the fear of death. He wanted to create a powerful state, what he called a "Leviathan". ("A government to protect the people from one another to keep them in awe") In the "Social Contract" Hobbes said that men should give up rights to an authority to act for them, on their behalf. He said that sovereign authority had to be absolute to overcome fear of death in nature. With this said, it basically meant that the governments only reason for existing was for the safety of the people. He also believed that no person was subject to any power above them, so there was no certain power to protect any one power from another. "You took by force what you wanted, you are only as safe as your own intellect and physical strength." So, Hobbes believed that the government should provide protection, well-being, and any other need a citizen might have. If there was no government, there was fear. Locke on the other hand believed that rulers and citizens' rights should all be restricted by the laws of nature (right to life, liberty, and the pursuit of property). He believed that a person should not be under political power without agreeing to the power itself. He said that the people should agree to be under political power, and should agree to government. The government should act only by majority decision, and that the powers are given to the government as trust. The minute that the trust is broken, then the powers can be taken away. He believed that the people can be trusted to follow principles of conduct, and that the people also have the right to overthrow bad government.

The Articles of Confederation were the Nation's first constitution, and was called the "firm league of friendship" among the 13 states. Although there was only good in mind when they were written, the Articles of Confederation had major problems. Since the nation had just left the rule of the British, the people were reluctant to have a strong government, and this is why the Articles had very limited powers. For example, the Articles did not provide for a president or a national court system. It did, however, create a Congress that allowed each state to have one vote, but these powers were limited as well. They had the power to call for war, but could not make the states obey treaties of other nations or draft for soldiers. Congress also did not have the power to regulate any sort of trade, interstate or foreign. They also did not have the power to tax individuals or states as well. Due the lack of powers written in the Article of Confederation the document was soon considered to be a failure.

One of the many reasons that the Articles of Confederation was not successful was because of the problems the nation faced at that time. Just a few of the hardships the people faced included the Stamp Act of 1765, Boston Massacre 1770, Boston Tea Party 1773, the Intolerable Acts 1774, Lexington and Concord 1775, and finally the Declaration of Independence in July of 1776. The framers thought that the Articles could help out the situation and solved many problems, and in fact was the best attempt