Majority of Constitutional scholars are convinced that the bulk of ideas underpinning the U.S. Constitution are derived from John Locke’s Two Treatises on Government. In those pamphlets Locke quoted the Old Testament over eighty times, and the New Testament only once, because, as he said, the New Testament doesn’t have a theory of government.
One of the Constitutional ideas was that the people held political power, embodied in the passage, “We the people of the United States of America…do ordain and establish this Constitution.”
This notion was Locke’s innovation. Tulley said:
No one was willing to grant that the people either individually or collectively had the capacity to exercise political power themselves. In positing political individual popular sovereignty Locke thus repudiates 500 years of elite politcal holism.
Locke said he got this idea from Genesis. When Cain killed Abel, everybody knew they had a right to kill Cain.
That great law of nature, Whosoever sheddeth man’s blood, by man shall his blood be shed. And Cain was so fully convinced that everyone had the right to destroy such a criminal, that after the murder of his brother, he cries out, ‘Every one that findeth me, shall slay me’; so plain was it writ in the hearts of mankind.
Quoted in Yechiel Leiter, John Locke’s Political Philosophy and the Hebrew Bible (New York: Cambridge University Press, 2018), 125.
