Introduction
The American democracy stands out as one of the most stable and effective democracies. Since the declaration of Independence by the founding fathers, America has undergone tremendous changes that have seen it through progress. The process has been evolutionary and painful, often buoyed with bloodshed, wars and unending quests for justice. It is this paper’s contention that the democracy of America was influenced by four main theorists whose works continues to determine governance and the system of government. The theorists include Thomas Hobbes, John Locke, Baron Montesquieu and A.V. Dicey. This paper would canvass their theories, how they influenced the system of government and their influence in America today. However, this is not to say that the four are the only theorists whose contribution was used in the development of the American democracy. It would be imperative to note that America’s is a consequence of several theorists. The paper’s scope is, however, limited to the four theorists.
Thomas Hobbes
Thomas Hobbes was a natural rights believer. Hobbes subscribed to the belief that rights were natural and arose within the social conditions that confronted man. According to Hobbes, the law was organic and had to be suited to man’s needs and desires. Hobbes was also one of the authorities that developed the Social Contract Theory. This theory was the basis of the government. According to the Social Contract Theory, the need for social order and organisation compels men to confer themselves to the law. It appreciates that while man needs freedom and self determination to enjoy the benefits in a society characterised by diverse interests, regulation is essential. Hobbes thus advocated for the Social Contract. In the Social Contract, man sacrifices some of the freedoms and rights. He accepts to be subject of the law and the government. The contract involves two parties, the governor and the governed. In this arrangement, the governed elect to be governed by the governors. It is this reasoning that informed the foundation of the American Government.
The Constitution provided for General Elections in which the citizenry was to exercise their suffrage rights. They were to democratically elect their governors, that is, people who will govern them. In the United States of America, governors in this context occur at two levels. The federal governor represented by the presidency and the state governors represented by the Governors. This tradition has held sway in the United States of American since the founding of the nation. It is also noteworthy that the citizenry, that is, the subjects of the contract conferred themselves to be governed but through the rule of law. To that extent, the constitution and other legislations exist for the purpose of exercising checks and balances on the governors who may want to renege on the Social Contract and act contrary to expectation. In this light, governors derive legitimacy under the Social Contract. They derive their powers and authority from the people, who through democratic elections confer on them authority to rule the subjects on behalf of the people.
Hobbes still influences American society up to date. The Social Contract continues to be advanced to justify the existence of governance. It is also the same theory propounded for the need for democratic elections. The American citizenry believe in the rule of law and the government by legitimately elected officials. To this extent, the United States of America continue to represent as the most stable democracy. It should be noted that secession threats have arisen in states such as Texas which do not want to be bound by the government of the day. However, this threats have mostly been rhetoric than practical and have failed to meet the constitutional threshold to trigger a presidential response. The fact that secession talks were muted attests to the existence of the Social Contract. As the contract does exist, it remains to not that the citizenry can challenge it and demand to abdicate it.
John Locke
John Locke on the other hand represents America’s fundamental beliefs and aspirations. Americans are always wary of three main requirements, these are, right to life, property rights and civil rights. It should be appreciated that Locke was also a natural law theorists. In addition, Locke believed in rights. He advocated for civil and property rights. According to Locke anyone who laboured deserved to enjoy his toil. He believed in government that protects property rights. He believed that was the basis of stability and harmony in society. In addition, Locke was a firm advocate of liberty and self-pursuit. He advocated for freedom of choice, economic and social rights. Locke’s believes influenced the founding Constitution of America. Indeed, the Bill of Rights contained in the American Constitution was influenced by Locke’s theory. The economic, social and civil rights jealously protected and guarded by constitutional and legal safeguards of American law derive their inspiration, motivation and influence from the works of John Locke. As such, Locke is appreciated for having contributed to the democracy, stability and freedom in America through his theories which influenced the development of government.
In the modern American society, Locke still influences the system. His beliefs in liberty, self-pursuit and property right continue to resonate well with the American citizenry. Today, America boasts of freedom for all and economic liberation through self-determination. Locke’s belief in property rights has continued to inform the property regime in the modern America. The institution of property law in America has undergone numerous changes. However, the common thread that cuts across all the changes is the retention of property rights conferred at three levels, the private person, trust property and the state.
Baron Montesquieu
Baron Montesquieu is well known for his principle of separation of powers. According to Montesquieu, the three arms of government, the executive, the judiciary and the legislature have distinct and separate roles. In that regard, they should each discharge their duties independently and run autonomously. This influenced the formation of the American Constitution which provides for three arms of government at two levels. The Constitution provides for an independent and autonomous Legislature through Congress, Executive through the presidency and the judiciary through the judicial system. In addition, the Constitution provides for a federal system of government that has distinct roles for the federal government and the state of government. It should be that the American Constitution allows the state government legal mandate to perform any functions which are not prohibited while the Federal Government is granted a legal mandate to perform functions specifically assigned to them. This provision should be seen as an attempt to provide for separation of powers at the two levels of government.
The concept of separation of powers continues to influence the political and legal regime in the United States of America. It should, however, be appreciated that the roles of the three arms of government intertwine, overlap and are complementary. To this extent, the three arms must work in harmony for the forward progress of the American society. In overall, scholars and citizens alike continue to advocate for separation of powers as a constitutional safeguard and political safeguard against the abuse of office, harassment of state officials. In the long run, the separation of powers suffices for purposes of providing a strong check and balance system within the American jurisdiction. The current debate between Congress and the Presidency for the amendment of the Constitution to allow for balancing the federal budget could be used for illustrative purposes for the check and balance system through separation of powers.
A.V. Dicey
Finally, one cannot mention influential theorists without capturing the legal theorists A.V. Dicey and his preposition for the rule of law. The rule of law, since its advent by Dicey has become a mantra for systems of government. The government exists and operates essentially because of the rule of law. As Dicey put it, the King should be subject to the law, for it is the law that grants him the power and legitimacy to rule. The rule of law is a common thread that weaves together the entire American system of government. The government obtains legitimacy through the observation and upholding of the Constitution and other laws of the land. The main concept advocated by Dicey that was borrowed by jurisdictions across the world is that government should operate through the rule of law and not the rule of man. In the American political and legal regime, the presidency or the Congress are not an authority unto themselves. They are governed and regulated by the rule of law, having to observe and respect the law to the letter.
The rule of law has continued to influence modern America. In fact, in the assumption of office, the president on taking the oath is granted the Constitution and he or she swears to protect, observe and respect the Constitution. Other governors in their own rights are also subject to the rule of law.
References
Hill, J. (2013). John Locke and Natural Philosophy. British Journal for the History of Philosophy, 21(1), 204-207.
Hoekstra, K. (2009). Hobbes on Law, Nature, and Reason. Journal of the History of Philosophy, 41(1), 111-120.
Montesquieu, C. B. (2011). The Spirit of Laws. New York: Cosimo, Inc.
Walters, M. D. (2010). "Legality as Reason: Dicey, Rand, and the Rule of Law". McGill Law Journal, 50(1), 563-586.
