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The U.S. government is based upon John Locke’s idea of a social contract, but the nation has changed since 1789, and thus, so has the interpretation of the social contract. Provide examples of how the social contract was first interpreted by the Framers and then how the interpretation has evolved. Decide whether you think the main focus of the contract still holds as intended by the Framers, more than 200 years later. Use specific landmark Supreme Court cases as examples to support your answer. (Worth 24 points)
To answer this question, we need to understand the concept of John Locke's social contract, how the Framers initially interpreted it, and how its interpretation has evolved over time. Then, we can look at landmark Supreme Court cases that have influenced the social contract's interpretation.
1. John Locke's Social Contract:
John Locke's idea of a social contract suggests that individuals voluntarily consent to form a government to ensure the protection of their natural rights. According to Locke, if a government fails to protect these rights or becomes tyrannical, the people have the right to alter or abolish it.
2. Initial Interpretation by the Framers:
The Framers of the U.S. Constitution drew upon Locke's theory when structuring the government. They sought to establish a system that safeguards citizens' individual rights and freedoms. The Constitution, with its checks and balances, separation of powers, and Bill of Rights, reflected their interpretation of the social contract.
3. Evolution of Interpretation:
Over time, the interpretation of the social contract has evolved as society and the understanding of rights and freedoms have progressed. Here are some examples:
a. Expanding Voting Rights:
Initially, voting rights were limited to white male property owners. However, through landmark Supreme Court cases like Harper v. Virginia State Board of Elections (1966), the interpretation expanded to protect individuals from arbitrary discrimination in voting based on wealth, race, or gender.
b. Civil Rights and Equality:
Cases such as Brown v. Board of Education (1954) and Obergefell v. Hodges (2015) demonstrate how the interpretation of the social contract has evolved to include the protection of civil rights and equality. These cases established that government interference in matters of racial segregation and same-sex marriage violated the fundamental principles of equality and individual rights.
c. Privacy Rights:
The interpretation of the social contract has also encompassed the right to privacy. Notably, the case of Griswold v. Connecticut (1965) recognized a constitutional right to privacy, even though it is not explicitly mentioned in the Constitution. This ruling has informed subsequent decisions regarding issues such as contraception and reproductive rights.
4. Assessment of Maintained Focus:
Considering the evolution of social contract interpretation, it is evident that the main focus of protecting individual rights and freedoms has remained intact. However, the understanding of these rights has broadened over time to address the changing needs and values of society. The Supreme Court's landmark cases have played a crucial role in ensuring the continued relevance and application of the social contract in contemporary society.
Remember to further support your answer by citing specific examples and points from the landmark Supreme Court cases mentioned as evidence of the evolving interpretation of the social contract.