Social Contract Theory of Government

Signers of the Compact in the Cabin of the Mayflower

40 new Americans take the oath of citizenship - nj.com

Prepared by: The New Jersey Center for Civic Education, Rutgers University, Piscataway, NJ

Grade level: Grades 6-8

Standards:

6.1.8.CivicsPI.3.b: Evaluate the effectiveness of the fundamental principles of the Constitution (i.e., consent of the governed, rule of law, federalism, limited government, separation of powers, checks and balances, and individual rights) in establishing a federal government that allows for growth and change over time.
6.1.8.CivicsPI.3.c: Distinguish the powers and responsibilities of citizens, political parties, interest groups, and the media in a variety of governmental and nongovernmental contexts.

Objectives: Students will be able to:

Define social contract theory
Explain how the Mayflower Compact, the 1776 New Jersey Constitution, the U.S. Constitution, and U.S. Naturalization Oath ceremonies are examples of social contract theory.
Explain why social contract theory is an important concept for democratic government.

Background: Social contract theory is nearly as old as philosophy itself. At its core, social contract theory proposes that individuals give up the right to do anything they please in return for protection provided by the government. Natural rights philosopher Thomas Hobbes theorized in Leviathan (1651) that life in the state of nature would be “solitary, poor, nasty, brutish and short.” To avoid that, man would enter a social contract, exchanging his liberty for collective security provided by an all encompassing and powerful authoritarian ruling by fear. In The Social Contract (1763), Jean-Jacques Rousseau asserted that civilization corrupted man’s natural morality, curiosity, and empathy. To restore human goodness, Rousseau proposed a social contract whereby individuals would surrender their natural rights of liberty and property to a collective body of citizens who would make laws and a government which would enforce those laws. (for more information, see Thomas Hobbes and “Leviathan:” Ideas that Informed the American Founders, Part 25 and Jean-Jacques Rousseau)

John Locke was the most influential Natural Rights philosopher on American Founders. In his Second Treatise of Government (1689), Locke argued that by nature, men are “free and independent” and possess natural rights of life, liberty and property.” However, because man is motivated by self-interest, these natural rights are insecure. Consequently, man’s natural rights are best protected when people enter a social contract to create a government which represents and expresses the consent of the people while making and enforcing laws to secure the rights. (For more information see: John Locke and the State of Nature or John Locke, Natural Rights)

The Mayflower Compact

Background: In 1620, after their 66-day voyage across the Atlantic Ocean, the Mayflower, with 102 passengers, anchored in what is now Provincetown Harbour, Massachusetts. The 41 men on the voyage decided to draw up an agreement that outlined the Pilgrims' right to govern themselves and to create a civilized society for the greater good of the colony. The Mayflower Compact was the first governing document of Plymouth Colony and the first document to establish self-government in the New World. It remained active until 1691 when Plymouth Colony became part of Massachusetts Bay Colony. (For additional information see: The Mayflower Compact.

Signers of the Compact in the Cabin of the Mayflower

Signers of the Compact in the Cabin of the Mayflower, by Geroge E. Perine

Critical thinking activity: In pairs or small groups, have students read Handout One: Excerpt from The Mayflower Compact. Instruct them to answer the following questions:

Which words or phrases indicate the agreement to enter into and abide by a social contract?
Which words or phrases indicate what is established by the social contract?

Students may either (1) copy or record the words in the space provided, or (2) use different color highlights to indicate their answers. For instance, in the example below, the words or phrases that may address question 1 are highlighted in yellow; and the words or phrases that may address question 2 are highlighted in blue.

The Mayflower Compact, 1620: “In the name of God, Amen. We, whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God, of Great Britain, France, and Ireland, King, defender of the Faith, etc.

Having undertaken, for the Glory of God, and advancements of the Christian faith and honor of our King and Country, a voyage to plant the first colony in the Northern parts of Virginia, do by these presents, solemnly and mutually, in the presence of God, and one another, covenant and combine ourselves together into a civil body politic; for our better ordering, and preservation and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute, and frame, such just and equal laws, ordinances, acts, constitutions, and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony; unto which we promise all due submission and obedience. (Full document may be found at Avalon Project - Mayflower Compact : 1620)

New Jersey State Constitution, 1776

After the Declaration of Independence, the former colonies were asked to create new state governments. On 2 July 1776, New Jersey became the fourth American colony to adopt a constitution, formally declaring independence from Great Britain. Though it was composed in five days, the 1776 document remained New Jersey's state constitution for sixty-eight years.

Critical thinking activity: The Revolutionary era state constitutions all included social contract language. In pairs or small groups, have students read Handout Two: Excerpt from The New Jersey State Constitution, July 2nd, 1776. Instruct them to answer the following questions:

Which words or phrases indicate the agreement to enter into and abide by a social contract?
Which words or phrases indicate why it was necessary to enter into a social contract?

Students may either (1) copy or record the words in the space provided, or (2) use different color highlighters to indicate their answers. For instance, in the example below, the words or phrases that may address question 1 are highlighted in yellow; and the words or phrases that may address question 2 are highlighted in blue.

Preamble from New Jersey Constitution, July 2, 1776:

“WHEREAS all the constitutional authority ever possessed by the kings of Great Britain over these colonies, or their other dominions, was, by compact, derived from the people, and held of them, for the common interest of the whole society; allegiance and protection are, in the nature of things, reciprocal ties; each equally depending upon the other, and liable to be dissolved by the others being refused or withdrawn. And whereas George the Third, king of Great Britain, has refused protection to the good people of these colonies; and, by assenting to sundry acts of the British parliament, attempted to subject them to the absolute dominion of that body; and has also made war upon them, in the most cruel and unnatural manner, for no other cause, than asserting their just rights-all civil authority under him is necessarily at an end, and a dissolution of government in each colony has consequently taken place.

And whereas, In the present deplorable situation of these colonies, exposed to the fury of a cruel and relentless enemy, some form of government is absolutely necessary, not only for the preservation of good order, but also the more effectually to unite the people, and enable them to exert their whole force in their own necessary defense: and as the honorable the continental congress, the supreme council of the American colonies, has advised such of the colonies as have not yet gone into measures, to adopt for themselves, respectively, such government as shall best conduce to their own happiness and safety, and the well-being of America in general: We, the representatives of the colony of New Jersey, having been elected by all the counties, in the freest manner, and in congress assembled, have, after mature deliberations, agreed upon a set of charter rights and the form of a Constitution, in manner following, viz.

United States Constitution, 1787

The Framers at the Federal Convention in 1787 used the idea of a social contract to get the Constitution approved by the people through special conventions of delegates elected in each state for the specific purpose of approving the Constitution. The social contract is reflected in the Preamble to the Constitution, which declares that “We the People” are establishing a constitution to create a government and summarizing its goals or purposes.

Critical thinking activity: The Revolutionary era state constitutions all included social contract language. In pairs or small groups, have students read Handout Three: Preamble to the Constitution of the United States, 1787. Instruct them to answer the following questions:

Which words or phrases indicate the agreement to enter into and abide by a social contract?
Which words or phrases indicate what is established by the social contract?

Preamble - “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”

United States Naturalization Oath of Allegiance

Individuals who are not born in the United States may become citizens if they satisfy the requirements of naturalization. To become a citizen, individuals must:

Be at least 18 years of age.
Be a lawfully admitted and continuous resident of the United States for 5 years.
Be a person of good moral character.
Have fundamental knowledge of the history of the United States and understanding of the United States Constitution.
Be able to read, write, and speak basic English.
Take and Oath of Allegiance to the United States of America

The Naturalization Oath of Allegiance is a legal and moral social contract where immigrants exchange their past national loyalties in return for U.S. citizenship. In return for searing their allegiance, they receive full constitutional rights, protection, and civic responsibilities within the United States. The Naturalization Oath of Allegiance is an example of what John Locke called in his Second Treatise of Government express consent:

Every Man being naturally free, nothing can put him into subjection to any Earthly Power but his own Consent … No body doubts but an express Consent, of any Man, entering into any Society, makes him a perfect Member of that Society..

Critical thinking activity: In pairs or small groups, have students read Handout Four: Naturalization Oath of Allegiance to the United States of America. Instruct them to answer the following questions:

Which words or phrases indicate the agreement to enter into and abide by a social contract?
List the five specific actions that individuals swear by oath they will do in the future.
In return for these commitments, individuals receive United States citizenship. Collaborate to draft a short paragraph explaining why so many people go through the process of naturalization and swear allegiance to become a U.S. citizen.

Handout One: The Mayflower Compact, 1620

“In the name of God, Amen. We, whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God, of Great Britain, France, and Ireland, King, defender of the Faith, etc.

In witness whereof we have hereunto subscribed our names at Cape Cod the 11th of November, in the year of the reign of our Sovereign Lord King James, of England, France, and Ireland, the eighteenth, and of Scotland the fifty-fourth, 1620.”

(Full document may be found at https://avalon.law.yale.edu/17th_century/mayflower.asp)

Which words or phrases indicate the agreement to enter into and abide by a social contract?
Which words or phrases indicate what is established by the social contract?

Handout Two: Excerpt from New Jersey Constitution, July 2, 1776

Preamble: “WHEREAS all the constitutional authority ever possessed by the kings of Great Britain over these colonies, or their other dominions, was, by compact, derived from the people, and held of them, for the common interest of the whole society; allegiance and protection are, in the nature of things, reciprocal ties; each equally depending upon the other, and liable to be dissolved by the others being refused or withdrawn. And whereas George the Third, king of Great Britain, has refused protection to the good people of these colonies; and, by assenting to sundry acts of the British parliament, attempted to subject them to the absolute dominion of that body; and has also made war upon them, in the most cruel and unnatural manner, for no other cause, than asserting their just rights-all civil authority under him is necessarily at an end, and a dissolution of government in each colony has consequently taken place.

And whereas, In the present deplorable situation of these colonies, exposed to the fury of a cruel and relentless enemy, some form of government is absolutely necessary, not only for the preservation of good order, but also the more effectually to unite the people, and enable them to exert their whole force in their own necessary defense: and as the honorable the continental congress, the supreme council of the American colonies, has advised such of the colonies as have not yet gone into measures, to adopt for themselves, respectively, such government as shall best conduce to their own happiness and safety, and the well-being of America in general:-We, the representatives of the colony of New Jersey, having been elected by all the counties, in the freest manner, and in congress assembled, have, after mature deliberations, agreed upon a set of charter rights and the form of a Constitution, in manner following, viz.
(Full document may be found at https://avalon.law.yale.edu/18th_century/nj15.asp)

Which words or phrases indicate the agreement to enter into and abide by a social contract?
Which words or phrases indicate why it was necessary to enter into a social contract?

Handout Three: Preamble to the United States Constitution, 1787

“We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States…”

Which words or phrases indicate the agreement to enter into and abide by a social contract?
Which words or phrases indicate what is established by the social contract?

Handout Four: Naturalization Oath of Allegiance to the United States of America

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."

Which words or phrases indicate the agreement to enter into and abide by a social contract?
List the five specific actions that individuals swear by oath they will do in the future.
In return for these commitments, individuals receive United States citizenship. Collaborate to draft a short paragraph explaining why so many people go through the process of naturalization and swear allegiance to become a U.S. citizen.

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