Locke and the Constitution

Abstract

In attempting to trace the ideologi cal links between Locke and the framers, Brandt examined Locke's theories and then looked at ways in which the framers put them to practical use as they con structed the Constitution. The follow ing excerpt from her essay focuses on the Second Article of the Constitution, which deals with the executive branch, and the Lockean principles of limited government that were fulfilled in the checks on executive, legislative, and judicial powers built into the document. Where the Legislative and Executive Power are in distinct hands, (as they are in all moderated Monarchies, and well-framed Governments) there the good of the Society requires, that several things should be left to the discretion, of him, that has the Executive Power. Locke calls for a separate executive branch of This branch is to have not only power, but also preroga tive. Thus we find the primary func tion of the executive branch--execution of the laws. This role is of utmost importance, for unexecuted laws are of no value. Hamilton calls for a strong executive: feeble executive implies a feeble execution of the A feeble execution is but another phrase for a bad execution: and a government ill executed, whatever it may be in theory, must be in practice a bad government. The framers realized that justifica tions and explanations of the need for a strong executive could not change the nature of power or its frequent abuse. They learned from Locke, as well as ex perience, that might indeed be, what some Men would have it, Arbitrary Power to do things hurtful to the People. Even though Locke recog nized the need to limit prerogative, he did not see how it could be done. He simply trusted the executive to use its prerogative wisely: For Prerogative is nothing but the Power of ioing publick good without a Rule. The framers had to be more practical; they wanted to en sure an executive interest in the public good. Consequently the framers defined the powers granted and the powers for bidden to the executive branch, thus limiting the chief executive's power and prerogative. In the United States, the executive authority is vested in a single magis trate. This idea is supported by Locke. Locke's single authority, however, was a prince. This type of noble executive had no place in America. The framers were forced to develop a unique execu tive authority in accordance with the republican system. The chief magistrate?the President was to be elected to four-year terms by the electoral college. These were con sidered lengthy, as were congressional terms. Hamilton explains that the Pres ident is given the longer tenure to al low him time to put his constitutional powers to good use and to provide sta