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2013-11-13 来源: 类别: 更多范文
European Enlightenment and the United States Constitution
Political theorist of the European Enlightenment Era raised many questions about freedom of speech and religion, women’s rights, children ruling governments, taxes, oppressive governments, and various rights of a free man. Political theorist such as Edmund Burke, Olympe de Gouge, Thomas Hobbes, Immanuel Kant, and Condorcet wrote literary works of art that posed questions which later became very important topics to the framers of the United States Constitution. In addition, The English Bill of Rights 1789 and the Decree of National Assembly Abolishing the Feudal System, 11 August 1789, also were heavily weighted in the decisions of the Constitution’s framers.
Edmund Burke’s ‘Reflections on the Revolution in France’ expressed concern for the equal payment of taxes by all citizens and the government’s leadership of the people. The framers of the Constitution addressed this issue in Section 8-Powers of Congress. “The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide the common Defense and general Welfare of the United States”.(1) The Decree of National Assembly Abolishing the Feudal System, 11 August 1789, Section V and IX explains explicitly the separation between roles of government collected taxes and tithes to the church. The United States Constitution follows this exact description by collecting taxes for the welfare of the people apart from clergy tithing. By doing this they are able to uphold the Preambles declaration that the government will provide for the common defense, promote the general welfare, and establish justice.
The first three sections in Article 1- The legislative Branch of the United States constitution advises how the seats for the Legislature, The House, and The Senate will be filled. The articles advise that appointees must have reached a certain age and also be citizens for certain lengths of time before they are eligible to hold those coveted seats. The Decree of National Assembly Abolishing the Feudal System, 11 August 1789, sections VII and XI advises that Offices sale of Judicial and Municipal offices is prohibited. In 1771, Louis the XV succeed in dismantling parliament into courts. Under his rule the seats were neither purchased nor passed on to heirs. (Making of the West page 578) Moreover, Maximilien Robespierre addressed the same issue when he wrote ‘On the Principles of Political Morality, February 1794. He advised that the succession of leadership should be by talent.
Robespierre also encouraged “liberty and equality”(6) amongst all people. He persuades that by deeming all men equal it will “strengthen the principles”(6) on which the government rests”. We see this principle addressed in Amendment 13- Slavery Abolished, Amendment 14- Citizenship Rights and Amendment 15- Race No Bar to Vote. These articles explain the rights of every citizen of the United States.
Unfortunately the rights described in those three articles did not reach every citizen of the United States. Women were denied the same rights that freed slaves were entitled to. Olympe de Gouge wrote ‘Declaration of the Rights of Women,1791’ that addressed the issues of the inequality of women’s rights to that of men. Declaration of the Rights of Women gives a strong assertion that the rights of womens should and must be equal to that of men. The Constitution’s Amendment 19 – Women’s Suffrage directly provides women equal rights which are described in Amendments 13 thru 15.
The main reason that America was created was so that the people could freely practice religion. Amendment 1 – Freedom of Religion, Press, Expression in the Constitution’s Bill of Rights advises that no law will be made that will restrict a citizens freedom of religion, speech and/or press. This amendment is very important to the existence of a free land. We can view Voltaire’s ‘A Treatise on Toleration’ in support of this amendment. Voltaire is in full support of free religion. He advises that we learn from other religions and superstitions and that each should be respected in their own rights because religion and superstitions help to keep people in the order of humane laws.
The topic of free religion brings us to another major point, separation of church and state that is explained by Jean Jacques Rousseau in ‘The Social Contract’. Rousseau advises that the state should have no interests in the religion of the people. Morality should be taught in religion and left up to each individual to maintain values of morality in their own lives. In addition, The social contract is also in sync with Amendment 14 of the Bill of Rights. Both advise that the state has no right to deny nor remove persons of their personal property, Moreover, Amendment 14 supports Amendment 4 – Search and Seizure. Amendment 4 protects the people’s property from illegal searches and sezuire so that they are safe in their own rights to their property and belongings.
There is even more support for the Articles and Amendments in ‘Catherine the Great’. This is a letter written in Moscow by a French Diplomat. The letter is an enlightenment on many of the topics that are covered by the constitution including equality, justice, due process and cruel and unusual punishments. Catherine II is a European monarch that is deemed to be one of the most successful rulers in her time. Because of her prosperity, Amendment 5- Trial and Punishment, Compensation for Takings closely follows her advice. It addresses the issue of due process of law. People accused of a crime will not be savaged until it is found they are guilt of the crime and punished in a justly manner. Amendment 8 – Cruel and Unusual Punishment prohibits excessive bail, fines, and tortures to people that are accused of a crime. Section 179 of Catherine the Great advises that to torture a man does no good to the public or the man himself.
Cesare Beccaria adds fuel to the abolishment of cruel and unusual punishment. His Essay on Crimes and Punishment also advises that “The torture of a criminal during the course of his trial is cruelty”. He goes on to advise that promise of punishment is more effective that the severity of it. Prevention of crime is closely related to the punishment given rather than the level of cruelty inflicted.
Lastly, we shall bring attention to Locke’s Second Treatise. Locke also advised that all men are free and have equal rights to property and prosperity. The most important part that I found is in sections 96 and 97. In these sections he advises how the government will become as one body just as it is described in Articles 1 thru 3 in the Constitution. Among many points that are made this one is the most important because it describes how the government will come together as on to represent the people. So essentially it is for the people and ruled by majority.
In conclusion, the United States Constitution was created by taking opinions, recommendations and advices from many scholars and political theorists.

