Summary Of John Locke's Second Treatise Of Government

John Locke’s Second Treatise of Government contains Locke’s view on government and citizens of a government. Locke describes the relations between people and the government and the way the government should be run. In Chapter 12 of Second Treatise of Government, Locke describes the legislative, executive and federal powers in a commonwealth. The ideas expressed in Chapter 12 had an influence on the founding fathers of the United States and can be seen in today’s America. Chapter 12 of Locke’s Second Treatise of Government describes when the legislative and executive branches should be in session, why they should be separate, and how interstate relations should be handled. The reason Locke wrote this chapter is to insure the rights of the citizens are not violated by the government. By explicitly stating when the legislative and executive should be in session, Locke makes sure only necessary laws are made and the laws are constantly enforced; however, one person (or group of people) cannot do both jobs because they may view themselves as above the law they create and not enforce it on themselves. Locke then explains that interstate relations should be handled so that the state is viewed as one
entity, not as separate individuals. This is because the states are not in a contract with each other and are therefore in a state of nature with each other. Locke ends the chapter by say that, although the powers are different, the executive should handle interstate relations along with enforcing state law. Many of the topics covered in chapter 12 can be seen in today’s America. One example is determining when the legislative and executive branches should be in session. In America, the legislative branch only convenes to create laws while the executive branch is always active. This is seen in Locke’s work when he says “there is no need, that the legislative should be always in being” (Morgan, 2011, p-750). Locke believes that the legislative power does not always need to be active. His reasoning for this is the legislative power makes laws only when necessary. Laws do not need to be constantly made, only constantly enforced. On the other hand, Lock believes the executive should always be in session. Locke explains that the executive should always be in session “because the laws … have a constant and lasting force, and a need for perpetual execution, … it is therefore necessary there should be a power to always in being” (Morgan, 2011, p-750). Laws always need to be enforced which creates a need for someone to constantly enforce the laws. This means that the executive must always be active. This system of the legislative only meeting when laws need to be passed and the executive always being in session is seen in America with congress being the legislative and the president being the executive.
Another idea from Locke that is seen in America today is the separation of legislative and executive power.
The American legislative branch has the power to create laws and the executive branch has the power to enforce the laws. The same system is described by Locke in chapter 12 when he explains that the legislative power does not enforce the laws because people who have the power to make and enforce laws “may exempt themselves from obedience to the laws they make” (Morgan, 2011, p-750). By making the law making power separate from the law enforcing power, Locke believes no one will be exempt from the laws. This results in the legislative and executive powers being separated which can be seen in America’s current system by having congress separated from the
president. The way that international relations are handled in America is also influenced by Locke. The way countries should handle disputes is described by Locke when he explains, “in a commonwealth, the members of it are distinct persons still in reference to one another, … yet in reference to the rest of mankind, they make one body, which is … still in the state of nature with the rest of mankind” (Morgan, 2011, p-750). This is to say that disputes within a society are bound by the laws of the society while disputes between societies are only bound by the laws of nature. This also means that any acts by an outside source on a member of a society is actually an act on the entire society. This results in the society acting together to deal with other societies creating a sense of unity. America implements this idea unifying behind the president and support him (or her) in all foreign affairs. The reason that the president handles foreign policy as well as internal laws can be seen in Locke’s work. Locke explains that, as a result of the state of nature between societies, a third power is required to handle interstate relations. Locke calls this the federative power and describes it as “the power of war and peace, leagues and alliances, and all the transactions, with all persons and communities without the commonwealth” (Morgan, 2011, p-750). The federative power’s main goal is to protect the commonwealth and protect the wellbeing of the members. Although the federative power is different from the executive power, Locke argues that federal and executive power should not be separated. The reason Locke gives for this combination of power is the federal and executive require “the force of the society for their exercise, it is almost impractical to place the force of the commonwealth in distinct, and not subordinate hands” (Morgan, 2011, p-751). The federal and executive powers need to act as one to keep unity in the commonwealth. America’s president takes the role of the executive resulting in the president having the power to enforce laws internally and negotiate with other countries. Chapter 12 of John Locke’s Second Treatise of Government takes part in Locke’s goal of securing the rights of the people. Chapter 12 does this by setting the times that the legislative and executive are active, separating the legislative and executive, and defining and designating federal power. These methods of protecting citizens’ rights can be seen throughout America’s government. The founders of America chose to implement many of Locke’s ideas because they wanted to secure the rights of the citizens and prevent the rule of an all-powerful ruler. Locke’s Second Treatise of Government was influential to America’s government and America would not be the same without it.