Philosophers
Thomas Hobbes - Englishman
- In a State of Nature mankind is brutish and selfish and the system is very individualistic
- Social Contract - we give up some rights for protection
- Solution (I guess) was to have one ruler: a monarch
- Natural Rights - Life, Liberty (not racial liberty), Property (he was coming out of a feudalistic society)
- People's obligation to rebel and institute a new government because
- Government is responsible to the people
- Solution is to have a body created by the people as the ruler
- Absolute monarchy is indeed inconsistent with civil society - it is worse than a State of Nature
- England transitions from Divine Right to Constitutional Monarchy
- 3 functions to government - Legislative, Executive, Judicial
- Popularly elected legislators
- Popular army as counterbalance to both executive and legislative
- Mankind is naturally neither good/bad but corrupted by society
- Moral/Able leaders are needed
- A prince must know how to avoid the reproach of those vices which would lose him his state.
- A prince should be feared, not hated or loved. Fear should be his aim.
- The only way to establish and maintain a democracy is to have no "gentlemen" about - lazy, corrupt, etc people
- Let republics only be established where equality exists.
- Humans have a right to their own thoughts and the expression of those thoughts
- However, they cannot infringe upon other's same rights
- Public policy emerges from competition among groups
- Power flows from resources, which can include intangibles
- Power is distributed among various sources
- Freedom of Religion, Speech, Press, Assembly, Petition
- Right to Bear Arms
- Quartering of Soldiers
- Unreasonable Search and Seizure - Warrants upon probable cause
- Trial and Punishment - Due Process of Law - Just Compensation of Aquirings
- Speedy/Public Trial - Assistance of Consul - Confront/Compulse Witnesses
- Trial By Jury if > $20
- Cruel/Unusual Punishment - Excessive Bail/Fines
- Other Rights Not in the Constitution
- Powers Not Delegated in Constitution Reserved to States/People
- Private Parties Cannot Try a State
- Electors Vote for both President and Vice-President
- Slavery Abolished
- Citizenship Rights - State Due Process Clause - Equal Protection
- Voting Not Based on Race
- Income Tax
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