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Liberty in the United States (History)

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LIBERTY
Transcript

L I B E R T Y

Contagion ofLiberty

The heart of the American Revolution

Give meLIBERTYor give me

DEATH­ Patrick Henry

LibertyDEFINED AS FREEDOM FROM THE MONARCHY, NOT OF SOMETHING - RELIGION, HABEAS CORPUS, SPEECH, PRESS, PETITION, TRIAL BY JURY, ETC.

Magna Carta: King John, treaty between barons and king.Negative Freedom: Freedom from interference by other people.Led to Bill of Rights: Both proponents and opponents of Constitution thought a Bill of Rights was in order.

1791 - seen as “explicitconfirmations of views offramers on individualliberties.”

Most people were lookingfor a weak or smallgovernment.

BILL OF RIGHTS

NSA is looked upon as infringing libertyEdward Snowden was a whistle blower

- he had to flee the US government

Modern Day

Positive Liberty"Citizens should use the government that they are in to achieve

“not merely life alone, but the good life”" - Aristotle

Despite the modern understanding of liberty positive freedom wasimportant at the time of the revolution.

The Virginia delegation advocated for positive and negative libertyat the continental congress.

The Virginia delegation advocated for both Locke and Aristotle’sideas of freedom.

"That elections of members to serve asrepresentatives of the people, in assembly ought to be

free; and that all men, having sufficient evidence ofpermanent common interest with, and attachment to,the community, have the right of suffrage and cannotbe taxed or deprived of their property for public uses

without their own consent or that of theirrepresentatives so elected, nor bound by any law towhich they have not, in like manner, assembled for

the public good."

- The Virginia Declaration of Rights, Section 6

“That all power of suspending laws, or theexecution of laws, by any authority, without

consent of the representatives of the people, isinjurious to their rights and ought not to be

exercised.”

- The Virginia Declaration of Rights, Section 7

The Interaction BetweenPositive and Negative

Freedom

However, Aristotle’spositive freedom was

considered a prerequisite forLocke’s negative freedom.

Positive freedom was notexplicit in the constitution.

However, it is heavilyimplied.

While the founders believed in positive freedom they didnot believe that a republic was immune to bad governance.

The Electoral College and the requirement to own propertywere the founder’s ideas to preserve good governance.

Benjamin Franklin disagreed with the requirement to ownproperty.

Limited Suffrage and GoodGovernance

“Some of the greatestrogues he was ever

acquainted with werethe richest rogues.”

- Benjamin Franklin

He believed the right to vote should be determined by aperson’s morals not their race, gender, or socioeconomic status.

No barriers to universal suffrage were included in theconstitution.

Morality andSuffrage

Liberty as perthe

Constituion

"The broad and growingfreedom of individuals fromtyrannies and restraints ofgovernment...freedom to

take part."

-Ketcham [p.44]

The framers were attracted by an "opensociety" they were also deeply affected by

the ancient idea of

SUBSTANTIAL FREEDOM

Modern Classical

Liberal advocates of

freedom from government

Devotees of theclassical ideal of

public-spirited citizensparticipating freely and

responsabily in theirown government

If these are exercised properly theylead to the great liberty of people

COLLECTING TAXES FOR DEFENSE AND WELFAREREGULATING COMMERCE

COINING MONEYPROVIDING POSTAL SERVICE

PROTECTING PATENTS AND COPYRIGHTSORGANIZE AND COMMAND THE ARMED FORCES

EXECUTE LAWSAPPOINT OFFICIALS

JUDICIAL POWER TO SETTLE DISPUTES

"A dangerous ambition moreoften lurks behind the

specious mask of zeal for therights of the people than

under the forbiddingappearance of zeal for thefirmness and efficiency of

government."


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