51
greater toleration of new ideas, the Constitution and the new American government
would not have taken the shape that they did.
125
One could go so far as to say that the
American Constitution is “the greatest monument of the Moderate Enlightenment in any
country,” particularly due to the frequency with which the founding fathers invoked
thinkers such as Locke and Montesquieu.
126
Within the body of the Constitution itself,
there was not much that directly addresses rights, but the preamble stated that one of the
goals of the Constitution was to “secure the Blessings of Liberty to ourselves and our
Posterity.”
127
Furthermore, the first three articles divide
the government into three
branches—the legislative, executive, and judicial—following the outline Montesquieu
proposed in
The Spirit of Laws
. This separation of powers prevented arbitrary power,
which was a threat to liberty, because if one person or group was able to make, execute,
and judge the laws, no law would ever be overturned or ruled unconstitutional. This
person or group in power would be able to run
the government as they saw fit, including
making unjust laws, without having to consider the rights of the people. Another part of
the Constitution that bears some discussion comes at the end of Article VI: “no religious
test shall ever be required as a Qualification to any Office or public Trust under the
United States.”
128
Regardless of what religion one professed, anyone was able to hold
office. Religious toleration became embedded in the American constitution with this
statement, as well as with the first part of the first amendment.
Much of the discussion of the rights of the people centered
around the Bill of
Rights. In fact, many people were opposed to the Constitution without a Bill of Rights.
125
Outram,
Enlightenment
, 29.
126
Israel,
Democratic Enlightenment
, 459.
127
“The Constitution of the United States,” in
Debate on the Constitution: Part One
, ed. Bailyn, 968.
128
Ibid, 981
52
Central to this discussion is the first amendment, which states that “Congress shall make
no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right
of the people peaceably to
assemble, and to petition the Government for a redress of grievances.”
129
This
amendment is about freedom of expression, a central issue of the Enlightenment. There
was no established religion, a major change from many of the monarchies of Europe, but
people were able to practice any religion they would like. Additionally, people were free
to say what they liked, be it in speech or in writing. Censorship
in particular was a major
issue for the Enlightenment thinkers, but the first amendment protects the right to
publish. The First Amendment could easily be considered “one of the culminating
achievements of the Enlightenment,” as it “codifies the emerging eighteenth-century
commitment to freedom of expression.”
130
Furthermore, the Fifth Amendment contains the due process clause,
which states
that no one shall “be deprived of life, liberty, or property, without due process of law.”
131
Although this certainly followed the moderate strain of the Enlightenment, in that liberty
could be restricted if it was necessary, it was still a step forward for freedom in that
government officials could not simply deprive someone of their rights on a whim. Even if
one spoke out or
wrote against the government, one’s freedom could not be limited
without following a legal process. The Ninth Amendment also deserves some
consideration. It states that “the enumeration
in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the people.” If something was
129
Ibid, 982.
130
Lee Morrissey, “Toward an Archaeology of the First Amendment’s Free Speech Protections,” 166-70.
131
“The Constitution of the United States,” 983.
53
not explicitly stated in the Constitution, then the people still have that right, including
rights of expression.
As previously stated, Locke had a major impact on the ideas of the American
leaders, so it is necessary to consider how the framers incorporated his works into the
Constitution and Bill of Rights. In
Do'stlaringiz bilan baham: 
