The Influence Of John Locke's Political Theory On The Formation Of The American Constitutionalism

The American constitutionalism was the result of the development of western politicaltheories and social progress. The ideas and theories embodied in it had a long, uninterruptedhistory. John Locke built up his political theory by combining the heritage from westernphilosophy, especially the natural law theory, with the idea of natural rights and socialcontract theory. He elaborated his political theory clearly in his Two Treatises of Government,which made a great contribution to the development of western constitutionalism.From the very beginning of British colonization to North America, the colonial governmentstarted to build their constitutional system by imitating that of England and gradually formedinto the American constitutionalism. This thesis first analyzes the situation and the needs ofAmerican society, which had stimulated the formation of the American constitutionalism. Andthen the introduction of Locke's political theory and the comparisons made between histheories with that of Hobbes and Rousseau show the special features of Locke's theory, whichcatered to the needs of American society.There are two parts of theoretical basis underlying the American constitutionalism: the ideasof popular sovereignty and the limitation of governmental powers. Locke had made greatcontributions in both two aspects. Individual rights, especially the right to property, are thestart of Locke's theory. Combining with natural law and social contract theories, he stated thedivinity and priority of individual rights while government is just the instrument to protectthese rights. This principle fitted the English and American tradition and the social context inwhich the American constitutionalism was built so that it exerted a direct and great influenceon the idea of popular sovereignty embodied in the American constitutionalism. In order toeffectively protect the individual rights, Locke proposed the principle of the separation ofpowers. His idea, through the repetition and completion of Montesquieu, exerted a profoundinfluence on the Founding Fathers of the American Constitution. This thesis, based on theanalysis of ideas embodied in the Declaration of Independence, the American Constitution of1787 and the Federalist Papers, presented the influence of Locke's political theory on theformation of the American constitutionalism.