The document discusses the American system of government and its roots in the philosophies of the founding fathers. It summarizes that the founders created a federal republic based on the idea that governing authority comes from the people, not from a sovereign. Power is divided between federal and state governments through federalism in order to prevent tyranny. The role of government is also limited to protecting citizens' rights like life, liberty, and property. The system established in the Constitution aims to create a government protected by and for the people.

1. The Scales of Liberty
The Balance of Power in American Government
Kyle Griesinger
GOVT 327-D01
17 July, 2016

2. 1
‘The American Experiment’ is a term often used to refer to America’s form of
government. It reflects the novel nature of the system designed by the framers of the United
States’ Constitution. When the founding fathers gathered in independence hall in 1787, they
gathered to debate the creation of a new government for the fledgling nation. In so doing, they
crafted, arguably, one of the greatest documents in human history. Influenced by the
philosophies of Hobbes, Rousseau, Hooker, and–predominantly–Locke, they created a system of
government which drew on the experiences of history while being distinct from any form
previously developed. Rooted in the ideals of freedom and equality, the American constitutional
convention created a system of government in which the people were the source of power and
government authority was checked by the federal structure and by a dissolution of power.
In the American federal system, power comes from the people. While most European
governments were based on the presupposition that governing authority came from God, was
given to the sovereign, and was then dispensed to the people, the American system is founded on
the idea that authority comes from God, it given to the people, who then grant some of it to
government in the form of a social contract.1 This Lockean idea of governing authority is at the
heart of the American Constitutional Republic. Locke argued that man is born in a state of
natural freedom and liberty.2 He further argued that man is born under natural law and is able to
punish transgressors of that natural law.3 Thus, the basis of the American form of government is
the divine right of the individual.
1
Trevor Smith, “The Founding Philosophy of American Republicanism and Federalism,”
Presentation in GOVT 327, Liberty University Online, Accessed July 17, 2016,
https://learn.liberty.edu/webapps/blackboard/content/listContent.jsp?course_id=_307983_1&content_id=
_13124481_1.
2
John Locke, Second Treatise of Government (Raleigh, NC: Alex Catalogue, n.d.), 11.
3
Ibid., 50.

3. 2
The structure of American government is that of a Constitutionally Federated Republic.
In designing this system, the founders sought to apply the Lockean concept of governing
authority and to make it work practically. Locke and the founders both argued that it was
necessary for men to give a portion of the divine right–their governing authority–to the
government for the purpose of enforcing natural law.4 However, they were wary of the tendency
for government to subvert the rights of man and become tyrannous.5 As such, they designed the
constitution to create a republican government–one in which the people choose representatives
and vest them with governing authority through elections–with stringent limitations in the form
of a social contract–the Constitution.6
Federalism is the keystone in the arch of the American Constitutional system. Federalism
means, essentially, that governmental authority is divided among different spheres–or
jurisdictions–of government. In the United States, this means that power is dissolved or divided
between the national government and the states.7 Federalism means that on certain issues the
national government is sovereign–foreign policy, coining money, declaring war, and the other
powers delineated in Article 1, Section 8, of the Constitution–and on certain issues the states are
sovereign–all issues not listed in Article 1, Section 8, of the Constitution. On still other issues the
national government and the state government share authority–taxation, borrowing money, etc.8
4
Smith, “Founding Philosophy.”
5
Ibid.
6
Ibid.
7
Trevor Smith, “The Distribution of Powers Between Centraland State Authorities” Presentation
in GOVT 327, Liberty University Online, Accessed July 17, 2016,
https://learn.liberty.edu/bbcswebdav/pid-13124529-dt-content-rid-
108464176_1/courses/GOVT327_D01_201630/GOVT327_Presentations/The%20Distribution%20of%20
Powers%20Between%20Central%20and%20State%20%28LMS%29/res/index.html.
8
Ibid.

4. 3
This system was designed to limit the power of both the national government and the states in
order to ensure that neither became tyrannical.
There were many reasons why the founders divided power and authority between the
national government and the states. The primary reasons, however, were the fallen nature of man
and the propensity of government to move toward tyranny.9 Locke specifically argued that limits
must be placed on government power and he argued that these limits should take the form of
social contract.10 He claims this because he believes man in fallen and that rulers are predisposed
to the consolidation of power which leads, inevitably, to tyranny and oppression.11 For the
reasons given by Locke and the founders, which are supported by scripture12, it is necessary to
divide and diffuse power in order to prevent one person, group of people, or division of
government from attaining absolute authority and oppressing the people.
Perhaps more than any other, the question which most plagues society relates to what is
and is not the proper role of government. Locke argued that the proper role of government is
limited to the protection of property–which he defined to include life, liberty, and inalienable
rights.13 In the Declaration of Independence, Thomas Jefferson states that governments exists to
secure the rights of men–among them, life, liberty, and the pursuit of happiness.14 The founders
and Locke agreed that the only proper role of government was the protection of property. By
strictly limiting the scope of government both sought to prevent the rise of tyrannical magistrates
who would oppress the people.
9
Smith, “Founding Philosophy.”
10
Locke, Second Treatise,76.
11
Ibid., 75.
12
Jeremiah 17:9, New Living Translation.
13
Locke, Second Treatise,37.
14
U.S. Declaration of Independence.

5. 4
As an example, it the proper role of government to protect the intellectual property of
citizens. According to Locke, a man has a right to his own person and, with that, to his labor and
thoughts.15 If man has a right to his labor and thoughts, it follows necessarily that he should have
a vested property right to that which his mind conceives and his labor creates. Therefore, it is the
proper role of government to protect the intellectual property of citizens as does the United
States Constitution in Article 1, Section 8, Clause 8 in saying that Congress shall have authority
to “[secure] for limited Times to Authors and Inventors the exclusive Right to their respective
Writings and Discoveries.”16 In this instance, government acts within is proper jurisdiction.
The American system of government is unique in human history because it seeks to be a
government of the people from which the people are protected. Federalism is the key ingredient
in the founders’ recipe for liberty. This system of diffused power is, fundamentally, what
prevents the rise of tyranny in the United States. Ultimately, the ‘American Experiment’ remains
unconcluded. In truth it may never be. However, in the history of mankind, most people have
known only oppressive and tyrannical government yet in the United States liberty has been
predominant for 240 years. There may be questions about the future of this experiment, but
history shows that to this point, it has been a blinding success.
15
Locke, Second Treatise, 11-2.
16
U.S. Constitution, art. 1, sec. 8, cl. 8.

6. 5
Bibliography
The Holy Bible: New Living Translation. Wheaton, IL: Tyndale House Publishers, 1997.
Locke, John. Second Treatise of government. Raleigh, NC: Alex Catalogue, n.d.
Smith, Trevor. “The Founding Philosophy of American Republicanism and Federalism.” Presentation in
GOVT 327, Liberty University Online. Accessed July 17, 2016.
https://learn.liberty.edu/webapps/blackboard/content/listContent.jsp?course_id=_307983_1&cont
ent_id=_13124481_1.
Smith, Trevor. “The Distribution of Powers Between Centraland State Authorities.” Presentation in
GOVT 327, Liberty University Online. Accessed July 17, 2016.
https://learn.liberty.edu/bbcswebdav/pid-13124529-dt-content-rid-
108464176_1/courses/GOVT327_D01_201630/GOVT327_Presentations/The%20Distribution%
20of%20Powers%20Between%20Central%20and%20State%20%28LMS%29/res/index.html.
United States Constitution.
United States Declaration of Independence.