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Chapter 12: Of the Legislative, Executive, and Federative Power of the Common-wealth
Themes
Key
LitCharts assigns a color and icon to each theme in Second Treatise of Government, which you can use to track the themes throughout the work.
Nature, War, and Civil Society
Consent of the Governed and the Role of Government
Power and Absolute Monarchies
The Dissolution of Government
Summary
Analysis
In a successful common-wealth there can be only one supreme power: the legislative. All others are subordinate to the legislative, but this power is only “fiduciary” and ultimately lies with the people. As such, the people of a common-wealth have the power to alter or remove a legislative power if it fails to act in their best interest, Locke argues. Thus, it can be said the common-wealth is the supreme power; however, this power may only be exerted once the legislative power is dissolved. In all other instances, the legislative power reigns supreme.
In calling the power of the legislative “fiduciary,” Locke implies that the legislative’s power is entrusted to it by the common-wealth, and that trust can be revoked if it is violated. While the legislative has supreme power, it gets its power by way of the people, which thereby limits how much power it can exert on the people of that common-wealth.
Themes
In some common-wealths, Locke says, the legislative power is not always in session, and the executive is entrusted to a single person. That single person also has a share in the legislative, which, in a very limited sense, makes this single person the supreme power. However, this one person does not have all the power, such as in lawmaking, without the rest of the legislative. Thus, instead of a “supreme legislator,” this person is the “supreme executor of the law.” It is important to note, Locke claims, that this single person has no right to obedience other than that which the common-wealth has entrusted them with.
This harkens to the monarchy during Locke’s day, which Locke did, in fact, support. King William was the executive power, and he was also part of the legislative; however, in order to enact any new laws, King William would have had to call parliament to order—the rest of the legislative—before he had any legislative power. In this way, King William was the “supreme executor of the law,” which automatically kept his power in check because any law he enforced had to be passed by the legislative, or parliament.
Themes
In common-wealths where the executive power is placed in one who does not have a share in the legislative, the executive power is subordinate and accountable to the legislative. In such cases, Locke says, the legislative may replace the executive as it sees fit. The federative power is likewise subordinate to the legislative. Lastly, if a legislative is made up of representatives of the people, when they return to the people, they do not retain their power.
Locke’s theories pay special attention to equality and power, as he does here in confirming representatives returning to society do not retain any power. No one can have any more power than anyone else, according to Locke. When a representative serves in the legislative they represent the people, not themselves. Thus, they cannot retain their power.
Themes
If there comes a time when the executive power blocks the legislative power from meeting as scheduled without the authority of the people, the executive power places itself in a state of war with the common-wealth, who has the right to reinstate and exercise the power of the legislative by any means necessary. According to Locke, use of force without authorization always places one in a state of war with another. The power of assembling and dismissing the legislative may be placed with the executive, but this does not give the executive power over the legislative.
What Locke implies here but doesn’t explicitly state is that when an executive power places itself in a state of war with the common-wealth, who has a right to exercise their power by any means necessary, can kill whomever serves as the executive. In an absolute monarchy, the executive is the king. Thus, Locke is suggesting people have the right to rebel against such kings, which was quite controversial for Locke’s day.
Themes
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Things are constantly changing in society, Locke says, and as long as the legislative is made of up representatives chosen by the people, it is possible this representation will become “unequal and disproportionate to the reasons it was first established upon.” Unfortunately, there is little to remedy this reality. As such, Locke claims those who prescribe to the maxim, “Salus populi suprema lex” (translation: The health of the people should be the supreme law), will not seriously err.
Locke’s argument that representatives will become “unequal and disproportionate” harkens to his argument that humankind is naturally inclined to partiality and violence. As humans are naturally this way, there is no remedy. Locke’s Latin maxim mirrors that of the law of nature—the good of one’s self and of others must always be observed.
Themes
