In contrast, the Framers gave Congress the right to impeach the President for “Treason, Bribery, or other high Crimes and Misdemeanors”. B.In 1787, when the Constitution was written. James Madison, “Proposed Amendments to the Constitution June 8th, 1789)”. The Eighth Amendment of the Bill of Rights reflects more direct influences of Enlightenment ideals. Furthermore, he believed that “There would be an end to every thing” if these powers were shared by a single person or body. UNLV Fall Semester. The Enlightenment of 17th-century Europe had the most immediate impact on the framers of the United States Constitution. The Enlightenment ideals of liberty, equality, and justice helped to create the conditions for the American Revolution and the subsequent Constitution. Change ), You are commenting using your Google account. To promote economic well being the Congress is given the power to “regulate Commerce with foreign Nations, and among the several States” and to “coin Money”. cbell James Madison, who is commonly referred to as “The Father of the Constitution”, reflected on this dilemma of the Constitutional Convention “Among the difficulties encountered by the convention, a very important one must have lain in combining the requisite stability and energy in government, with the inviolable attention due to liberty”. Rousseau sums up the question social contract seeks to answer as, “Still, each man’s power and freedom are his main means of self preservation. October 5 th, 2008. Change ), You are commenting using your Facebook account. According to Beccaria, “No man can be judged a criminal until he be found guilty”. Professor Gregory Brown. One point where the Framers diverged from Montesquieu is in the power of the legislature over the executive. In fact, James Madison’s Enlightenment-resonant proposal for a religion clause went down in defeat--the wording we have today was suggested not by him but by his vigorous and popular opponents Fisher Ames and Samuel Livermore, both New England Christians. In any respect, I would suggest one topic of critical importance is religion. Lynn Hunt et al., The Making of the West: Peoples and Cultures (Boston: Bedford/St. When asked if the torture of prisoners in Abu Ghraib related to the “cruel and unusual punishment” language, Justice Scalia answers, “Has anybody ever referred to torture as punishment? Without the central ideas and figures of the Enlightenment, the United States would have been drastically different since these concepts … ( Log Out / Historian Donald Lutz found Montesquieu was the most cited thinker of the 1770’s and 1780’s in the American Colonies. As Justice Scalia suggests, the Eight Amendment seems to pertain to punishment of prisoners which agrees Enlightenment views of Beccaria and Catherine the Great. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. http://thomas.loc.gov/home/histdox/fedpapers.html (Accessed on October 2, 2008). But the Enlightenment of 17th-century Europe had the most immediate impact on the framers of the United States Constitution. The Protestant Reformation encouraged free thinkers to question the practices of the Catholic Church, and the printing press spread the new ideas relatively quickly and easily. “When the legislative and executive powers are united in the same person, or in the same body of magistrates”, Montesquieu writes, “there can be no liberty” because such a body could “enact tyrannical laws” and “execute them in a tyrannical manner”. Students will also be asked to do the following: C.In 1783, when the American war for independence ended. ... Montesquieu's ideas were also used in the US constitution. Judicial powers should be distinct from the legislative branch to prevent “arbitrary control” of making laws; additionally, if judicial powers were combined with the executive “the judge might behave with all the violence of an oppressor”. ENLIGHTENMENT PHILOSOPHERS The Framers were also familiar with the … In code 123 she writes, “The Usage of Torture is contrary to all the Dictates of Nature and Reason; even Mankind itself cries out against it, and demands loudly the total Abolition of it.” Torture also comes up in Beccaria’s essay when addressing the treatment of individuals accused of crimes, “The torture of a criminal during the course of his trial is a cruelty”. Interestingly, the notion that the accused is innocent until proven guilty in a court of law is not explicitly granted in either the Constitution or the Bill of Rights. In Rousseau’s mind this type of contract worked because all members of society surrendered their rights equally and “an offense against one of its members is an offence against the body politic”17. Notable among these powers enumerated in the Constitution are power to; “Lay and collect Taxes”, declare war, “raise and support Armies” and Navy, borrow money, “regulate Commerce with foreign Nations, and among the several States”, and make laws. This influenced the Framers to eventually include a bill of rights in the U.S. Constitution. For the Framers, balancing liberty while providing security was perhaps the fundamental question in writing the Constitution. SS.7.C.1.1: Recognize how Enlightenment ideas including Montesquieu's view of separation of power and John Locke's theories related to natural law and how Locke's social contract influenced the Founding Fathers. One can differentiate a Founding Father influenced by Deism from an orthodox Christian believer by following certain criteria. http://www.fordham.edu/halsall/mod/18beccaria.html (Accessed on October 1, 2008, Catherine the Great, “Proposals for a New Law Code”, Modern History Sourcebook. While the representative republic established by the Framers was revolutionary, the ideas behind it were heavily influenced by the Enlightenment. History 106. Jean-Jacques Rousseau, “The Social Contract, 1763”. Answers ( 1) Ideas in the constitution came from several different Enlightenment thinkers. Ideas in the constitution came from several different Enlightenment thinkers. Ocean voyages had put them in touch with many world civilizations, and trade had created a prosperous middle class. 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