Monday, February 10, 2014

Locke on Legislative Powers


            In the Second Treatise on Government, Locke described the different responsibilities of the legislative power and their limits, creating an outline for government. He believed that the legislative power "...has a right to direct how the force of the commonwealth shall be employed" (325) and therefore can take measures to protect the people in ways it deems fit. Locke explained, "[The legislature] is not, nor can possibly be absolutely arbitrary over the lives and fortunes of the people" (322). Further, "[The legislature] cannot assume to itself a power to rule...but is bound to dispense justice and decide the rights of the subject..." (323). According to Locke, "The supreme power cannot take from any man part of his property without his own consent" (324). Finally, "The legislative cannot transfer the power of making laws to any other hands" (325). During the reading it seemed important to justify his views on government in a modern day case study, particularly in our own country. How does Locke's theory of the powers of the legislative branch fit in the legislative branch of the United States? Are there other limitations that are imposed on the legislative branch by the people, or has the legislative branch found more power as time has moved forward since the founding of the country? Are any of his theories that are misused? If so, how?

1 comment:

  1. The part that seems to mirror the US government is, "legislative power "..has a right to direct how the force of the commonwealth shall be employed" and therefore can take measures to protect the people in ways it deems fit." I would say that our legislative branch has the most control in regards to protecting the people. They decide on budget cuts for the military and other things that seem similar to what Locke is saying. Also, the examples you provided on what the executive branch cannot do are completely similar to our system of government. It's clear when reading Locke that the founding fathers strongly considered his ideas.

    ReplyDelete