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Compiled Resources APPENDIX A Excerpts from John Locke’s Second Treatise on Civil Government, 1690 Sec. 4. To understand political power privileges of the law of nature, equally right, and derive it from its original, with any other man, or number of men we must consider, what state all men in the world, hath by nature a power, are naturally in, and that is, a state of not only to preserve his property, that is, perfect freedom to order their actions his life, liberty and estate …But because A state also of equality, wherein all no political society can be, nor subsist, the power and jurisdiction is reciprocal, without having in itself the power to no one having more [power] than preserve the property, and in order another; … thereunto, punish the offences of all Sec. 6. But though this be a state of those of that society; there, and there liberty, yet it is not a state of license: only is political society… Those who though man in that state have an are united into one body, and have a uncontrollable liberty to dispose of his common established law and judicature person or possessions, yet he has not to appeal to, with authority to decide liberty to destroy himself, or so much controversies between them, and as any creature in his possession, but punish offenders, are in civil society one where some nobler use than its bare with another: … preservation calls for it. Sec. 124. The great and chief Sec. 22. THE natural liberty of man end, therefore, of men’s uniting is to be free from any superior power into commonwealths, and putting on earth, and not to be under the will themselves under government, is the or legislative authority of man, but to preservation of their property. To which have only the law of nature for his rule. in the state of nature there are many The liberty of man, in society, is to be things wanting. under no other legislative power, but Sec. 222. …[W]henever the that established, by consent, in the legislators endeavor to take away, and commonwealth; nor under the dominion destroy the property of the people, of any will, or restraint of any law, but or to reduce them to slavery under what that legislative shall enact, arbitrary power, they put themselves Sec. 87. Man being born, as has into a state of war with the people, who been proved, with a title to perfect are thereupon absolved from any farther freedom, and an uncontrolled obedience…Whensoever therefore enjoyment of all the rights and the legislative shall transgress this © THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights fundamental rule of society; and either quite contrary ends, and it devolves by ambition, fear, folly or corruption, to the people, who have a right to endeavour to grasp themselves, or resume their original liberty, and, by the put into the hands of any other, an establishment of a new legislative, (such absolute power over the lives, liberties, as they shall think fit) provide for their and estates of the people; by this own safety and security, which is the breach of trust they forfeit the power end for which they are in society. the people had put into their hands for Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE APPENDIX B Articles of Confederation To all to whom these Presents shall of religion, sovereignty, trade, or any come, we the undersigned Delegates other pretense whatever. of the States affixed to our Names send greeting. IV. Articles of Confederation and The better to secure and perpetuate perpetual Union between the states mutual friendship and intercourse of New Hampshire, Massachusetts- among the people of the different bay Rhode Island and Providence States in this Union, the free inhabitants Plantations, Connecticut, New York, of each of these States, paupers, New Jersey, Pennsylvania, Delaware, vagabonds, and fugitives from justice Maryland, Virginia, North Carolina, excepted, shall be entitled to all South Carolina and Georgia. privileges and immunities of free citizens in the several States; and the I. people of each State shall free ingress The Stile of this Confederacy shall be and regress to and from any other “The United States of America”. State, and shall enjoy therein all the privileges of trade and commerce, II. subject to the same duties, impositions, Each state retains its sovereignty, and restrictions as the inhabitants freedom, and independence, and every thereof respectively, provided that power, jurisdiction, and right, which such restrictions shall not extend is not by this Confederation expressly so far as to prevent the removal of delegated to the United States, in property imported into any State, to Congress assembled. any other State, of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be III. laid by any State, on the property of the The said States hereby severally enter United States, or either of them. into a firm league of friendship with If any person guilty of, or charged each other, for their common defense, with, treason, felony, or other high the security of their liberties, and their misdemeanor in any State, shall flee mutual and general welfare, binding from justice, and be found in any of the themselves to assist each other, against United States, he shall, upon demand of all force offered to, or attacks made the Governor or executive power of the upon them, or any of them, on account State from which he fled, be delivered © THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights up and removed to the State having of Congress, and the members of jurisdiction of his offense. Congress shall be protected in their Full faith and credit shall be given in persons from arrests or imprisonments, each of these States to the records, acts, during the time of their going to and and judicial proceedings of the courts from, and attendence on Congress, and magistrates of every other State. except for treason, felony, or breach of the peace. V. For the most convenient VI. management of the general interests No State, without the consent of the of the United States, delegates shall United States in Congress assembled, be annually appointed in such manner shall send any embassy to, or receive as the legislatures of each State shall any embassy from, or enter into any direct, to meet in Congress on the first conference, agreement, alliance or Monday in November, in every year, treaty with any King, Prince or State; nor with a power reserved to each State to shall any person holding any office of recall its delegates, or any of them, at profit or trust under the United States, any time within the year, and to send or any of them, accept any present, others in their stead for the remainder emolument, office or title of any kind of the year. whatever from any King, Prince or No State shall be represented in foreign State; nor shall the United States Congress by less than two, nor more than in Congress assembled, or any of them, seven members; and no person shall be grant any title of nobility. capable of being a delegate for more No two or more States shall enter than three years in any term of six years; into any treaty, confederation or alliance nor shall any person, being a delegate, be whatever between them, without capable of holding any office under the the consent of the United States United States, for which he, or another in Congress assembled, specifying for his benefit, receives any salary, fees or accurately the purposes for which the emolument of any kind. same is to be entered into, and how Each State shall maintain its own long it shall continue. delegates in a meeting of the States, No State shall lay any imposts or and while they act as members of the duties, which may interfere with any committee of the States. stipulations in treaties, entered into In determining questions in the by the United States in Congress United States in Congress assembled, assembled, with any King, Prince or each State shall have one vote. State, in pursuance of any treaties Freedom of speech and debate in already proposed by Congress, to the Congress shall not be impeached or courts of France and Spain. questioned in any court or place out No vessel of war shall be kept up Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE in time of peace by any State, except such State be infested by pirates, in such number only, as shall be deemed which case vessels of war may be fitted necessary by the United States in out for that occasion, and kept so long Congress assembled, for the defense as the danger shall continue, or until the of such State, or its trade; nor shall any United States in Congress assembled body of forces be kept up by any State shall determine otherwise. in time of peace, except such number only, as in the judgement of the United VII. States in Congress assembled, shall be When land forces are raised by any deemed requisite to garrison the forts State for the common defense, all necessary for the defense of such State; officers of or under the rank of colonel, but every State shall always keep up a shall be appointed by the legislature of well-regulated and disciplined militia, each State respectively, by whom such sufficiently armed and accoutered, and forces shall be raised, or in such manner shall provide and constantly have ready as such State shall direct, and all for use, in public stores, a due number vacancies shall be filled up by the State of filed pieces and tents, and a proper which first made the appointment.
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