Locke's Philosophy on Government's Power
John Locke's philosophy says that the governed people give consent to be governed. Locke says " Men being, as has been said, by nature all free, equal and independent, no one can be put out of this estate and subjected to the political power of another without his own consent, which is done by agreeing with other men, to join and unite into a community for their comfortable, safe and peaceable living, one amongst another in a secure enjoyment of their properties, and a greater security against any that are not of it" (Locke, 1952, pp. 46).
Passages of the Constitution that imply that the Governed determines the Government's Power
Preamble of Bill of Rights: "Expressed a desire, in order to prevent misconstruction or abuse of it's powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the government will best ensure the beneficent ends of it's institution"
Amendment II: " A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed"
"We the people of the United States, in order the form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and score the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America".
Amendment II: " A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed"
"We the people of the United States, in order the form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and score the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America".
Locke's Philosophy on Basic Human Rights
Locke says " To understand political power right, and derive it from its original, we must consider what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions, and person as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man. A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another....(Locke, 1988,pp. )
The Constitution's Definition of Basic Human Rights
Amendment IV: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.