(All Rights Reserved - James O.
Richards)
The
Shaping of the "Second
1776
Outline of Lecture
I. Introduction: the Beginnings of Revolution
as a Human Right
II. John Locke's Justification
of Revolution
IV. Revolutionary War and
V. Stating the Right to Revolution: the
Declaration of
VI. The Constitution of the
Introduction
The American Revolution of 1776 was the first revolution to be made as a human right. Both the American and French Revolutions were made in pursuit of "liberty and equality." (That age interpreted these terms more narrowly than we would.) Once begun and justified by such spokesmen as John Locke and Thomas Jefferson, these revolutions became precedents and rationalizations for many subsequent revolutions. For instance, Ho Chi Minh, leader of the Vietnamese Communists, the Viet Minh, announced the movement for independence against the French in 1945 by issuing a Declaration of Independence which opened with the first lines from the American Declaration of Independence.
?
Are you surprised that our Declaration of Independence was used by a party
dictatorship which has never permitted its citizens the rights found in the
document? Can you think of examples of American political, constitutional, or
legal principles being used by those who are enemies of the American system?
You are an American citizen caught on the battlefield (with weapons) siding
with the enemy. What's the first thing you ask for?
John Locke's Justification of Revolution
John Locke, as we saw earlier, in Two Treatises on Government rejected divine-right monarchy as a basis for authority in the state and argued the and the right to rebellion. His ideas in the Second Treatise became an ideological handbook for revolutionaries. Locke saw the state as a secular institution, created by men to gain the advantages of living in society according to laws. Retaining their natural rights when they created society through a contract, they gave one power to the state--the power to preserve their life, liberty, and property. This power was delegated to agents of the state, rulers, but what if rulers overstep their proper limits? The ruled have the right to resist. The government is capable of, indeed tends towards, arbitrary rule. Who decides when things have gone far enough, or too far? Locke said, "The people shall judge." This was the Second Europe's, the Enlightenment's theory of the state, although absolute monarchies were more common than any other kind of polity. Thomas Jefferson and other Americans embraced Locke's ideas as self-evident, fundamental truths.
?
1. You submit to the contract creating society when you immigrate here or, if
born here, when you decide to stay. Agree?
2. What keeps the right to resist from degenerating into anarchy?
Background
to Revolution:
What were the conditions which led American colonists to resort to Locke's
arguments about the right to rebellion? By 1750 the settlers in the British
colonies numbered about 2 million. They were a minority of
Colonies were important to
?
How is Thomas Paine different from a 21st century terrorist? True, he did not
work in secret and he did not kill unarmed civilians, as far as we know. But he
travelled across international boundaries to help overthrow established
governments. So what makes him different?
Revolutionary
War and
By 1774 the colonists had gone from merely arguing against British authority
to direct action. The Tea Party was the first of such acts. The British response
was repression. They passed what the colonists called the Intolerable Acts
which closed
The British governor of
The Continental Congress enlisted minutemen from
?
The same question posed about Paine could also be asked about the American
revolutionaries and their leaders. Ben Franklin knew what he and his colleagues
were doing and what their fate could be if they failed. He said on
Stating
the Right to Rebellion: The Declaration of
The independence of the colonists was proclaimed in 1776 only after fighting
had been going on for a year. The Second Continental Congress in June, 1776,
appointed a committee to prepare a declaration only after the feeling for
independence became widespread. This committee, among others, included Benjamin
Franklin and two future
This document proved to be the Continental Congress' most memorable achievement. It is a masterpiece of revolutionary argument linking the American cause with the universal truths of the Enlightenment. Its opening lines bear quoting again:
We hold these truths to be self-evident, that all men are created equal; that they are endowed by their creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights governments are instituted among men, deriving their just powers from the consent of the governed; 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 a new government, laying its foundation on such principles, and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness.
?
1. How far may one take the concept of natural rights as inherent in created
beings? Do they extend to animals? Other living organisms?
Have you heard of an organization called PETA? The name is an acronym for People for the Ethical Treatment of Animals.
You may think you are an animal lover. PETA, however, believes that animals are
not to be eaten, worn, experimented on, or used for entertainment. Is this
taking natural rights too far? For a debate on this topic see the following link.
2. Thomas Jefferson drafted a paragraph in the Declaration of Independence which condemned the slave trade:
He [George
Why did the Continental Congress decide to omit this paragraph?
The Constitution of the United States (1787)
Independence did not solve the United States' problems, the most pressing of
which was the need for a central governing system. The first system, the
Articles of Confederation, adopted to placate the strong "states
rights" tendency of the former colonies, proved inadequate to meet the
needs of commerce and defense. So in 1787 the states sent delegates to
This new document and its amendments fired the imagination of Enlightenment intellectuals everywhere. John Locke's contract had become reality. Titles and sovereigns had been abolished and power placed in the hands of the people. Built into the Constitution were many of the fundamental ideas of Enlightenment political theory. There were checks and balances to prevent tyranny. Federalism--the division of powers between the states and the central government, with the individual holding dual citizenship in both the states and the nation--also prevented too much power from slipping into the hands of the central government. Then too there were the amendments to the Constitution, the Bill of Rights, which protected natural rights: freedom of worship; freedom from an established church; freedom of expression; freedom to petition; to assemble; the right to keep and bear arms; the right to security of the person and the home; and due process of law.
?
1.The Constitution was produced in secret by 55 white
males from the upper economic and social classes. What would be the reaction
today to any endeavor by such a group? Do the circumstances of its creation
have any effect on the Constitution? How? Why?
2.With all the problems of our society, is there
another like it anywhere else? Would you change places with anyone else
anywhere else in the world?
1776 and the Second Europe
Although there were many aims and motives at work in the American
Revolution, it was the first to be argued for in Enlightenment terms. It came
to be the hope and model for later revolutions around the world. It helped to
spark the French Revolution of 1789 which violently unsettled