Hamilton & Wilson: Parliamentary Authority

Alexander Hamilton: The Farmer Refuted

• The main argument emphasizes natural rights
• Parliament's authority over colonies is limited to laws they consented to
• Parliament cannot legislate because Great Britain is a limited monarchy

Premise 1: Sovereignty Resides with the King

• The British Constitution has limited monarchy
• Limited by checks and balances from the House of Commons
• The House of Commons relies on the people
• The House of Commons’ original rights do not extend to life, liberty, and property
• People possess rights to both the law of nature and state of nature
• Colonists cannot elect representatives to consent in Great Britain
• Sovereignty belongs to the King, not Parliament
• If the colonies want to remain with the Britain, the King should have the sovereignty

Premise 2: Natural Rights

• Natural rights should be protected

James Wilson: British Parliament's Authority

• The British Parliament has no legislative authority over colonies
• Wilson opposed Blackstone, stating absolute power should reside in Parliament
• "The happiness of society is the first law of every government"
• This influenced the Declaration of Independence

Premise 1: Popular Sovereignty

• The question of where sovereignty lies is investigated
• Sovereignty is within the people
• All people have equal rights
• Governments exist for the happiness of the people

Premise 2: Societal Happiness

• Governments ensure security versus encroachments
• Laws require approval from commons, lords and the King
• Power is derived from the people’s suffrage
• Parliament representatives are subject to term limits and reelection
• These ideas support popular sovereignty

Premise 3: Constitution as a Limited Monarchy

• The House of Commons power emerged to limit the monarchy and comes from the people
• The House of Commons prevents funds for the the King’s wars
• Power to tax requires consent of the people which they did not give

Jefferson: A Summary View of the Rights of British America

• Parliament lacks authority and the colonists are subject to the king only
• American immigrants are similar to Saxon immigrants because they mixed labor with the land
• Common law is rooted in the right to property
• There have been less alarming violations of rights
• Repeated suppression equates to slavery
• Every society should possess legislation powers
• The King gifting land creates issues of ownership
• Jefferson criticizes the King for not using his veto on Parliament
• Rights derive from laws of nature

Dan Foster

• The government does not derive its power from God
• Rights of dominion and authority are based on property
• State of nature means every individual has property in their body plus other rights
• Someone may want a wife, family, and home/estate, in the state of nature to defend themself
• The State of Nature lacks civil government and guidelines when injury occurs, such as theft or enslavement
• Anything is blamed on the first person who did the injury
• Either subject to one strong guy or subject to a mob of weak people
• The people can establish a civil government, make rulers supreme and subordinate, and invest them with power and authority
• Law should promote good, liberty, protection and peace
• Government is established when
• The form of government is unimportant
• People relinquish their right to personal defense in ordinary cases, but maintain that right in extraordinary cases
• People give up property to support magistrates, therefore taxation
• The people must bear the changes of war

Dan Foster on Taxation and Dethroning

• Colonists’ taxation is justified
• The people have the right and authority to dethrone their king if they do not have the right to secure their own interest
• Boucher's views are questioned, in reference to the "doctrine of hell"
• People dethrone kings instead of God

Common Sense by Thomas Paine

• A "polemic" means a sharp argument against an opposing view
• Advocated for a unicameral government, not bicameral

Premise 1: Society vs. Government

• Society is a blessing, while government is a necessary evil (415)
• Similar to Boucher's arguments
• Security and freedom are the ends of government
• Government is needed to help people restrain vices
• The origin of government comes from moral virtue

Premise 2: Critique of English Constitution

• Monarchy is always tyrannical
• Aristocracy is always tyrannical
• The House of Commons is the only virtuous branch due to "Republican materials"
• Nature disapproves of monarchy

Premise 3: The Debate is Over

• The debate is over and violence will decide things
• A new era for politics has begun
• The blood of the slain cries out for separation
• The colonists have nothing to lose and everything to gain
• A government of our own is a natural right

Thomas Jefferson and Declaration of Independence Letters

• The declaration of independence was only left after changes were requested to Great Britain
• An appeal to the tribunal of the world justifies resorting to arms for redress
• A declaration helps provide the spirit called for by the occasion
• The documents should all prove the facts and principles advanced in that Declaration
• It made a difference in the years to come

Continued Impact of the Declaration

• Citizens continue to approve the choice after half a century
• The Declaration restores the right to reason and freedom of opinion
• The rights of mankind are a sign of hope for others

Declaration of Independence: Background

• "Human events" refers to history between Great Britain and the colonies
• The Declaration of Independence became necessary after 12 years of arguing

Declaration of Independence: Formation of Rights

• Natural rights took time to form and recognize
• Otis and Bland picked up on natural rights
• Bland was disregarded for recommending patience to the government's civil rights violations
• Scientists like Newton influenced the Laws of Nature with scientific laws
• Founding fathers considered morality laws over time

Declaration of Independence: Focus on the King

• The King is blamed for the Declaration of Independence
• This was a change from blaming Parliament
• Blaming the King was more logical because colonists pledged allegiance to him, not parliament
• The King never tried to fix things

Declaration of Independence: Character

• It has moral and political character, not legal
• Prudence is wisdom gained from experience
• Revolt is justified after abuses and usurpations, that cause absolute Despotism
• The DOI can be interpreted in two ways: syllogistically or self evident

Declaration of Independence: Syllogism

• Syllogism follows the form:
• Socrates is a mortal because all men are mortal
• Socrates is a man
• The syllogism's major premise: “We hold these truths"
• Minor premise: Prudence & list of injuries
• Conclusion: Last paragraph of DOI
• The fundamental premise accepts the document affirming colonies are free and independent
• Otherwise leave America

Declaration of Independence: Self Evidence

• Self-evidence of truths is seen after of reason and demonstration
• Truths are demonstrable because they rest on foundations of self-evident perceptions
• Self evidence is derived reasoning

DOI at a Closer Look

• Necessary means morally necessary
• Laws of Nature
• Nature's God
• Law of Nature and Nature's God are interchangeable for the purpose of class
• The nature is an objective moral standard like
• Universal, eternal, indisputable and permanent characteristics
• The document appeals to that same nature
• "Decent respect to the opinions of mankind"
• Refers to the audience of the document
• Appeals to mankind everywhere and for all time
• Lists the causes that made the Founders consider seperating

Declaration of Independence: Word Breakdown

• We
• Refers to five committee Drafters of
• Constitutional Congress
• The Americans
• Any person who submits to the truths of the document
• Intended as a show for France and Spain
• Hold means more than a belief to that
• Are accepted, embraced, and adhered to
• "These Truths"
• Notions which are not Oprah
• Truths that Are absolute, certain, universal, permanent, and immutable
• Transcends time/place because human nature is fixed
• "Self Evident"
• An 18th century term for something strongly debated
• Jefferson got it from Liam Duncan, who learned it from William Strong

Declaration of Independence: Self Evident Truths

• Four core principles: equality, rights, consent, and revolution

• Equality can mean:

• Everyone born naked/all flesh, etc., or all people are equal in rights

• Otis says that the first simple rule of morality is equality

• Rights and consent naturally come next, if one believes Otis

• Rights

• Act as a license and a fence

• Nobody should be allowed to encroach on yours

• An operating boundary to do as one chooses

• Includes life, liberty and also the pursuit of happiness

• Life means:

  • First we must preserve ourselves (obvious)

• We must be allowed to preserve without interference with others

• The negative side means: no interference with others

• The positive side is access to whatever is needed to preserve it

• Liberty

• The means between Life and the Pursuit of Happiness

• The most comprehensive right

• Usually seen most with Founders' writings The means to accomplish

• Acquire, use, or dispose of property

• Pursuit of Happiness

• Can be interpreted in one of two ways

• Happiness is the result of a particular, excellent way of life (Aristotelian)

• The result should be the most morally excellent possible action

• Happiness consists in the enjoyment of pleasure without any considerable mixture of uneasiness’

• The means to an End is when everything is moving correctly

Consent and Revolution as Natural Rights

• Consent: Securing rights is the most fundamental reason needed for government
• A list of rights is not exhaustive, so property is not listed
• “Derived power from consent of the governed” comes from
• Consent Given, and especially
• Consent Withdrawn
  • Alteration and possibly the abolition of government
  • Freedom of movement derived from withdrawing away from the individual
• Revolution
• As one people dissolve the bonds which connect them
• You have the natural moral right to revolution under the declaration of Independence