Date post: | 14-Apr-2017 |
Category: |
Education |
Upload: | andreea-nan |
View: | 26 times |
Download: | 0 times |
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