Laws, Consent, and the Legislature
In his Second Treatise of Government, the English philosopher John Locke wrote about how far government power should go. He believed that people create governments so they can enjoy their property—their lives, freedoms, and possessions—in peace and safety. For Locke, the first important step in any commonwealth (organized political community) is to set up a legislative power, the part of government that makes laws.
Locke says the legislative power is the “supreme” power in the state, because it decides the rules that everyone must follow. However, this power is not unlimited. It only has authority because the people have given it their consent. No one can have the right to make laws for others unless that power comes from the people themselves. When people accept these laws, they give up some of their natural freedom, but they do this to gain better protection for their rights.
For Locke, law is not just a restriction. He writes that law is a direction for a free and intelligent person, guiding them toward their true interests. A good law helps people live safely and peacefully. Therefore, the legislature cannot rule by sudden, personal decisions or by arbitrary commands. Instead, it must rule by standing laws—stable, published rules—and by known, authorized judges who apply those rules fairly.
Locke also explains that the legislature cannot rightfully take anyone’s property without that person’s consent. The whole purpose of government is to preserve property. If a government could simply take property whenever it wanted, people would be worse off than they were in the state of nature. For example, taxes must be approved by the people, either directly or through their representatives. When a government taxes people without their consent, it is acting against the trust given to it.
Finally, Locke reminds us that legislative power is a kind of trust. The people trust their leaders to use power only for the public good, not for personal gain or absolute control. If the legislature tries to destroy people’s property or make itself all-powerful, it breaks this trust. In that case, Locke argues, the people have the right to change the government and create a new legislative power that will protect their rights. For him, the power of government always depends on the continuing consent of the people.
Vocabulary List
- legislative power — The part of government that makes laws.
- commonwealth — A political community or state formed for the common good.
- consent — Agreement or permission given by someone.
- property — What belongs to a person, including life, freedom, and possessions.
- arbitrary — Based only on personal choice or desire, not on law or reason.
- standing law — A stable, established law that is written and known to everyone.
- tax — Money that people must pay to the government.
- representative — A person chosen by the people to speak and make decisions for them.
- trust — A belief that someone will act honestly and for your good.
- consent of the governed — The idea that a government’s power comes from the people’s approval.
Comprehension Questions
- According to Locke, why do people create a legislative power in the first place?
- Why does Locke say that laws must be based on the consent of the people?
- What is the difference between ruling by standing laws and ruling by arbitrary decisions?
- Why does Locke think taxes need the consent of the people or their representatives?
- What happens, according to Locke, if the legislature breaks the trust of the people and attacks their property?