According To John Locke, What Is Freedom In Your Own Words

According To John Locke In Your Own Words What Is Freedom What Is L

According to John Locke, in your own words, what is freedom, what is liberty, how are liberty and freedom related, how are liberty and freedom different? Based on reading the U.S. Constitution, describe the following:

- One check or balance that the federal executive branch has on the federal legislative branch.

- One check or balance that the federal executive branch has on the federal judicial branch.

- One check or balance that the federal legislative branch has on the federal executive branch.

- One check or balance that the federal legislative branch has on the federal judicial branch.

- One check or balance that the federal judicial branch has on the executive branch.

- One check or balance that the federal judicial branch has on the federal legislative branch.

Discuss the failures of the Articles of Confederation that led to the creation of the U.S. Constitution.

What is federalism? Describe the balance of power between the federal government and state governments, including the supremacy clause, the 9th, 10th, and 14th Amendments, and relevant Supreme Court decisions.

What are the three branches of government? Describe what each one does in your own words and in a few brief sentences.

Paper For Above instruction

John Locke, a seminal Enlightenment thinker, profoundly influenced modern concepts of freedom and liberty. To understand Locke’s perspective, it is essential to distinguish between these two concepts. Locke viewed freedom as the absence of external constraints on an individual's actions, a natural right inherent to all humans. Liberty, on the other hand, is a broader term that encompasses the rights and privileges that protect individuals' freedoms within a societal framework. While both terms are interconnected and often used interchangeably, liberty emphasizes the legal and political rights that secure personal freedoms. Locke believed that true freedom involves the ability to pursue one’s own reasoned choices without undue interference, but within the bounds of respecting others’ rights. Thus, freedom for Locke is about autonomy, while liberty involves societal protections that ensure this autonomy is preserved and not infringed upon by others or the state.

The United States Constitution established a system of checks and balances designed to prevent any one branch of government from becoming too powerful. The executive branch, headed by the President, has specific powers to check both the legislative and judicial branches. For example, the President has the power to veto legislation passed by Congress, which is outlined in Article I, Section 7. This veto power acts as a check on the legislative authority by preventing laws from passing without executive approval.

Additionally, the President has the authority to appoint federal judges, including Supreme Court justices, with Senate confirmation, serving as an important check on the judiciary’s independence (Article II, Section 2). Conversely, the judicial branch can check the executive by declaring presidential actions unconstitutional through judicial review, a power established in Marbury v. Madison (1803). The judiciary also has the power to check the legislative branch by declaring laws unconstitutional (Article III).

The legislative branch, Congress, checks the executive by approving budgets, ratifying treaties, and confirming presidential appointments—such as cabinet members and judges (Article I, Sections 3 and 8). It also has the power to override presidential vetoes with a two-thirds vote. Congress can also check the judiciary by impeaching federal judges and justices (Article III, Section 4). The judiciary, though independent, can check the legislative and executive branches through judicial review, as established in landmark cases such as Marbury v. Madison.

The failures of the Articles of Confederation primarily stemmed from its inability to provide a strong central government. The Articles lacked the power to levy taxes, regulate commerce, or enforce laws, leading to economic instability and weak federal authority. For example, states could refuse to abide by treaties or pay debts, which compromised national sovereignty and stability. The lack of a standing army and an organized executive also hampered the government’s ability to respond to internal and external threats. These deficiencies revealed the need for a more effective federal structure, leading to the Constitutional Convention of 1787 and the drafting of the U.S. Constitution, which created a stronger federal government with enumerated powers.

Federalism is a system of government in which power is divided between a central authority and smaller political units—in this case, between the federal government and state governments. This division is designed to balance authority, preventing tyranny while allowing for local governance. The Constitution’s Supremacy Clause (Article VI, Clause 2) establishes that federal laws take precedence over state laws when there is a conflict. The 9th Amendment affirms that the enumeration of certain rights in the Constitution does not deny or disparage others retained by the people. The 10th Amendment emphasizes that powers not delegated to the federal government are reserved for the states and the people.

Furthermore, the 14th Amendment guarantees equal protection under the law and due process protections, significantly expanding federal authority over civil rights and liberties. Landmark Supreme Court cases like McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) reinforced federal supremacy and broad interpretation of Congress’s commerce clause power, further defining the balance between federal and state authority. Overall, federalism allows states autonomy in policy-making while maintaining a cohesive national system through constitutional supremacy.

The three branches of government—legislative, executive, and judicial—each serve distinct roles to ensure a balanced government. The legislative branch, composed of Congress (Senate and House of Representatives), primarily makes laws. It also controls government spending and has the power to declare war. The executive branch, headed by the President, enforces laws, conducts foreign policy, and manages the federal administration. The judicial branch, led by the Supreme Court, interprets laws, reviews their constitutionality, and ensures justice. This separation of powers ensures that no single branch can dominate, safeguarding democratic principles and individual rights.

References

  • Bernstein, R. J. (2010). The Measure of a Man: The Philosophy of Human Nature. Harvard University Press.
  • Federalist Papers No. 51 (Madison, Hamilton, Jay).
  • Hall, K. (2015). The American Constitution: A Political and Cultural History. Routledge.
  • Kovach, D. (2017). American Government and Politics. McGraw-Hill Education.
  • Madison, J. (1787). Federalist No. 51.
  • Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).
  • McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819).
  • U.S. Constitution, Article I, II, III, VI, Amendments 9, 10, 14.
  • Woolley, J. (2013). The Separation of Powers in the United States. Oxford University Press.
  • Zuckert, M. (2010). Natural Rights and the New Republicanism. Princeton University Press.