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Discusssion Board Post 1
Shoun Soi-King
Helms School of Government, Liberty University
GOVT 327
Professor Piedmont
May 15, 2022
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Discussion Board Post 1
Firstly, It is important to dissect, with federalism in mind, how the state of natural
principles, from the Constitution, impacts the role and authority of state and local government. In
the first treatise of government, it explains natural principles, as found in the Constitution, “To
this purpose, I think it may not be amiss, to set down what I take to be political power, that the
power of a MAGISTRATE over a subject may be distinguished from that of a FATHER over his
children, a MASTER over his servant, a HUSBAND over his wife… All which distinct powers
happening sometimes together in the same man, if he be considered under these different
relations, it may help us distinguish these powers one from wealth, a father of a family, and a
captain of a galley”[ CITATION Joh80 \l 1033 ]. Locke explains the concept of power
administered through different forms, and different alleys, ultimately appealing to the concept of
federalism. Federalism is described as, “a system of government in which the same territory is
controlled by two levels of government. Generally, an overarching national government is
responsible for broader governance of larger territorial areas, while the smaller subdivisions,
states, and cities govern the issues of local concern”[ CITATION Leg22 \l 1033 ]. This concept
of federalism can be found in the United States Constitution for example, in the express of
congressional power, the presidential veto power, the commerce clause, limit of federal powers,
and the supremacy clause[ CITATION The17 \l 1033 ].
To follow, one must discuss the state of perfect freedom, as described by Locke, “(The)
state all men are naturally in, and that is, a state of perfect freedom to order their actions, and
dispose of their possessions and persons, as they think fit, within the bounds of the law of nature,
without asking to leave, or depending upon the will of any other man”[ CITATION Joh80 \l 1033
]. Obviously, I believe that this is a utopian ideal, however, a version that I believe would be
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conducive to a free people, left to their own devices. Locke continues further, describing the state
of liberty, and the state of license. The state of liberty, one has the power to abide by the natural
loaw, to do as they please, not to harm others, or themselves. A state of license is one where one
is not free, unless given the authority. Locke further discusses this state, explaining, “And thus,
in the state of nature, on man comes by a power over another, but yet no absolute or arbitrary
power, to use a criminal, when he has got him in his hands…[ CITATION Joh80 \l 1033 ]” These
concepts, found in the Second Treatise of Government greatly shaped the constitution, and
provided precepts and philosophy that serve as the grounds of recession from the union, and
constitute the Rule of Law found in the US. Due to this nature of our Constitution, we still
observe these elements presented by Locke, to the degree that the Constitution allows currently.
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Bibliography
Legal Information Institute. (2022). Retrieved from Cornell Law School:
https://www.law.cornell.edu/wex/criminal_case
Locke, J. (1980). Second Treatise of Government . Hackett Publishing .
The Declaration of Independence and The Constitution of the United States. (2017). Washington
D.C.: The Heritage Foundation.
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