Philosopher Ideas

• Philosopher Ideas

Thomas Hobbes (1588-1679)

• Believed life without government would be "solitary, poor, nasty, brutish, and short."
• Social Contract: People must surrender some freedom to a strong government to ensure order and security
• Hobbes advocated for a monarchy as the best form of government

John Locke (1632-1704)

• People have natural rights: life, liberty, and property
• Social Contract: Government exists to protect individual rights; if it fails, people can rebel
• Locke advocated for limited government and influenced the U.S. Declaration of Independence

Jean-Jacques Rousseau (1712-1778)

• Humans are good, but corrupted by society

• Social Contract: Government should be based on the general will (majority rule)

• Rousseau advocated for direct democracy and equal participation

• Influences on the U.S. Constitution

Enlightenment Thinkers

• Montesquieu: Separation of powers (Legislative, Executive, Judicial)
• Locke: Natural rights and consent of the governed
• Rousseau: General will and popular sovereignty

Magna Carta (1215)

• Limited the king's power, establishing the idea of constitutional government

Iroquois Confederacy

• Native American federal system of governance influenced the U.S. Constitution

• Primary Debate Issue in 1824 Mexican Convention

• Mexico debated between a unitary (centralized) and federal system

• Stephen F. Austin fought for federalism, arguing Texas needed autonomy from Mexico

• Outcome: Mexico initially granted Texas limited self-government, but later reversed this decision, fueling revolution

• 1836 Type of Government

• Texas became an independent republic with a unitary system

The 1836 Constitution

• Modeled after U.S. and Southern state constitutions

• Allowed slavery but prohibited slave trade into Texas

• Established common law as the legal standard

• Influences on Texas Constitution

Spanish/Mexican Law

• Property laws and civil law tradition

Other Southern States

• Slavery influence and plantation-based economy

Jacksonian Democracy

• Expanded suffrage for white males

• Limited government (Dual Federalism)

• Opposition to banks and strong executive power

• Texas Constitutions Comparison

1845 Constitution

• Set the foundation for future Texas constitutions
• Universal male suffrage, except for enslaved individuals and non-taxed Native Americans
• Bill of Rights included

1861 Constitution

• Strengthened protections for slavery as Texas joined the Confederacy

1866 Constitution

• Declared secession illegal
• Abolished slavery, but still denied many rights to Black Texans

1869 Constitution

• Strengthened governor's power
• Required annual legislative sessions
• Judges appointed instead of elected

1876 Constitution

• Current Texas Constitution

• Weak governor, strong legislature

• Plural Executive Model (PEM): Governor shares power with other elected officials

• Requires frequent amendments (515 times as of 2021)

• Ways Texas Separates Power Differently than the U.S.

Plural Executive Model

• Power is split among multiple elected officials, weakening the governor

Biennial Legislature

• Legislature meets every two years, unlike Congress, which meets annually

Dual Supreme Court System

• Texas Supreme Court handles civil cases

• Texas Court of Criminal Appeals handles criminal cases

• Federalism

• Federal System: Power shared between national and state governments

• Unitary System: All power in national government (e.g., U.K.)

• Confederal System: States hold power, weak national government (e.g., Articles of Confederation)

• 10th Amendment: Reserves non-enumerated powers to the states

• Dual Federalism ("Layer Cake"): Clear state and federal responsibilities (before the New Deal)

• Cooperative Federalism ("Marble Cake"): Federal and state governments work together (since the New Deal)

Overview of ideas of Thomas Hobbes, John Locke and Jean-Jacques Rousseau. Examining their views on the social contract and the idea of natural righs. Also looking at the influences on the U.S. Constitution.