LOCKELESSNESS:

 It was very important to him that the Massachusetts Constitution created a government of laws, not of men. The question is, what sources did Adams to arrive at this concept?

John Adams was raised in the Congregational Church, later becoming a Unitarian. He believed in a simpler form of Christianity and described himself as a "church-going animal"[2] With this in mind he was familiar with the Bible and most likely was exposed to one of the first written expressions of the rule of law in Leviticus 19:15, "You shall do no iniquity in judgment. You shall not favor the wretched and you shall not defer to the rich. In righteousness, you are to judge your fellow." [3] This passage essentially states that when it comes to judgment one should not be biased by financial status; all should be judged equally. Considering how Adams thought and wrote about the Bible, it would not be a stretch to infer that passages such as Leviticus stuck in his mind.

Adams referenced the Bible often in his writing and took every effort to present it as the guide, by which men should live and be governed. In an 1813 letter to Thomas Jefferson, he wrote, "the Bible is the best book in the world. It contains more philosophy than all the libraries I have seen."[4] In another letter to Jefferson, he discusses the "principles" of the Revolution and where they came from. "The general Principles, on which the Fathers Achieved Independence, were the only Principles in which, that beautiful Assembly of young Gentlemen could Unite, and these Principles only could be intended by them in their Address, or by me in my Answer. And what were these general Principles? I answer, the general principles of Christianity."[5]

To his good friend Benjamin Rush in 1807, he wrote of the Bible, "It is the most Republican Book in the World, and therefore I will still revere it. . . . I believe to be the only System that ever did or ever will preserve a Republic in the World.[6] There is no doubt how much his faith played a major role in the development of his view of proper republican government and the desire to base his ideal government upon the rule of law.

Adams came from a family of farmers, but as soon as he began to show an aptitude for learning his father decided that he must attend Harvard. The plan, of course, was that John would enter the priesthood and much of his early learning led in that direction. Once he got to Harvard, he discovered two things: the law, which he preferred to the priesthood, and books.[7] When exactly the course correction from minister to lawyer happened at Harvard is not very clear. In his reminisces he recalled that once he became involved in the debating and discussion club, he was told that he seemed to have some ability at public speaking and that he would make a better lawyer than a preacher, and he never looked back.[8] One thing that is for sure is that was here at Harvard he received the classical education that lay the groundwork for his belief in the rule of law. So, what were some of the things he would have learned as part of that education?

It is in the writings of Aristotle, the Greek philosopher that the oldest sense of the rule of law can be found. Aristotle posited the question of whether men should be ruled by the best leader or the best laws. As he explored the notion, it became evident that both answers had their advantages and disadvantages. He reached the conclusion that men should be governed by laws because they were usually well thought-out and could be applied to different situations. Aristotle claimed "that to give authority to any one man when all are equal is unjust."[9] He also stated that, "Equality consists in the same treatment of similar persons, and no government can stand which is not founded upon justice."[10] The importance of equality and justice is evident, not just in men dealing with men, but men dealing with government. All are to be equal under the law. Adams would have read the writings of Aristotle and it is clear that some of this stuck.

Plato, another classic philosopher, spoke many times on the rule of law in his writings stating, "Where the law is overruled or obsolete, I see destruction hanging over the community; where it is sovereign over the authorities and they its humble servants, I discern the presence of salvation and every blessing heaven sends on a society."[11] This can easily be interpreted to mean that the laws should be sovereign over even the authorities tasked with upholding them.

From the Romans, he would have been exposed to Cicero, perhaps the greatest lawyer of his age. In his Murder Trials, Cicero recounted several of his most high-profile trials, which he won, and the impact that they had. He discusses how no one is above the law, even calling out "government employees and people in power," further showing how the rule of law was alive in well in the classic writings.[12]

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