Jonah Patel
Sir William Blackstone's treatise on English law, published in four volumes from 1765 to 1769, offered a comprehensive examination and systemization of English law, from constitutionalism to common law. Blackstone's Commentaries on the Laws of England elucidated the rights of individuals against the government, albeit with limitations on freedom of speech and press, and upheld the idea of parliamentary sovereignty, which the American colonists rejected. Despite this, Blackstone's work was highly influential in the American colonies, shaping the Declaration of Independence, Constitution, and primal laws of the United States.
| Characteristics | Values |
|---|---|
| Influence on the Constitution | The framers of the Constitution referred to Blackstone's analysis of legal principles when developing a system to govern the former colonies, modifying his views for a republican government. |
| Influence on the Declaration of Independence | Blackstone's work shaped the Declaration of Independence, despite him considering America conquered territory of the British crown. |
| Influence on the Founding Fathers | Blackstone's Commentaries on the Laws of England was widely read by the Founding Fathers and influenced their understanding of the First Amendment. |
| Influence on the Supreme Court | Blackstone's definition of a writ of mandamus was a linchpin in Marbury v. Madison, the 1803 case that first established judicial review by the Supreme Court. |
| Influence on Legal Education | Blackstone's Commentaries were once a key text in legal education, but by the end of the 19th century, legal education became more structured, and the case study method replaced text study. |
| Influence on Modern Law | Blackstone is still cited by lawyers and judges today in their efforts to articulate the meaning of American laws and the Constitution. |
| Influence on the Seventh Amendment | The Seventh Amendment tied the right to civil jury trials to English common law, an interpretation that differed from Blackstone's views. |
| Influence on the First Amendment | While the First Amendment did not tie its freedoms to English common law, early U.S. Supreme Court justices interpreted it through a Blackstonian-Mansfieldian lens. |
| Influence on the Sedition Act of 1798 | Federalists attempting to justify the Sedition Act of 1798 modified Blackstone's interpretations by admitting that truth was a defense against seditious libel laws. |
| Influence on the Alien and Sedition Acts | Critics of the Alien and Sedition Acts deferred more to Blackstone's views on common law seditious libel than the Acts' federalist authors and defenders. |
| Influence on the Founding of America | Blackstone's teachings were a "fingerprint" on the Constitution, and his work contributed greatly to the laws and leaders of the United States. |
| Influence on the English Bar | The American Bar Association presented a statue of Blackstone to the English Bar Association in the early 1920s, demonstrating his influence on the legal profession. |
| Influence on Academic Law | Blackstone's lectures on English law at Oxford University captivated his listeners and laid the foundation for his influential Commentaries. |
| Influence on Common Law | Blackstone's Commentaries on the Laws of England were a comprehensive examination and systematization of English common law, which was widely influential and accepted as authoritative. |
| Influence on Legal Theory | Blackstone elucidated the rights of individuals against the government, but his views on free speech and press were limited and upheld parliamentary sovereignty. |
| Influence on Criticism of Government | Blackstone and Mansfield ignored wider contemporary interpretations of rights that would have allowed for more vigorous criticism of the government. |
| Influence on the Fourth Amendment | Decisions influenced by Blackstone's interpretations of rights allowed for restraints on the gathering of information through general warrants, later incorporated into the Fourth Amendment. |
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What You'll Learn
Influence on the Constitution
William Blackstone's Commentaries on the Laws of England, published in four volumes from 1765 to 1769, is considered a comprehensive examination and systemization of English law, from constitutionalism to common law. Blackstone's treatise elucidated the rights of individuals against the government, although it largely limited the rights of freedom of speech and the press to prohibitions against governmental licensing or prior restraint of publication. Blackstone's Commentaries were widely read in the American colonies, albeit sometimes criticised for their Tory perspectives.
Blackstone's work was influential in shaping the Constitution and the primal laws of the United States, a country that he considered no more than conquered British territory. The Commentaries were the paramount authority on common law in the eyes of the American Founders, and its articulation of the logic of common law was one reason the Founders chose to establish the American legal system on this basis. Blackstone's definition of a writ of mandamus, an order directing the state to perform an act, was a linchpin in Marbury v. Madison, the 1803 case that first established judicial review by the Supreme Court.
Many early U.S. Supreme Court justices interpreted the First Amendment through a Blackstonian-Mansfieldian lens. The Founders' understanding of the freedom of the press clause of the First Amendment was informed by Blackstone's Commentaries, particularly the fourth volume, which included a section dealing with libel and seditious libel. Blackstone held that, aside from civil cases where an individual is claiming damages incurred against themselves, the truth of the libel is irrelevant to its defence. The Commentaries also made no provision for a jury trial in the case of seditious libel, meaning that the government could decide cases in which it was the object of the alleged libel.
In drafting the Sedition Act of 1798, the Federalists departed from these principles by explicitly providing that truth could be offered as a defence and that a jury would try such cases. While the leaders of the American Revolution rejected Blackstone's views on parliamentary sovereignty and the right to revolution, the framers of the Constitution returned to Blackstone's analysis of legal principles when developing a system to govern the former colonies, modifying his views for a republican, rather than monarchical, government.
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Influence on the Declaration of Independence
William Blackstone's treatise on English law, "Commentaries on the Laws of England", had a profound influence on the Declaration of Independence. Published in four volumes from 1765 to 1769, Blackstone's "Commentaries" offered a comprehensive examination and systematization of English law, from constitutionalism to common law. The work was widely read in the American colonies and became the paramount authority on the common law in the eyes of the American Founders.
Blackstone's "Commentaries" elucidated the rights of individuals against the government, although it largely limited the rights of freedom of speech and the press to prohibitions against governmental licensing or prior restraint of publication. In doing so, Blackstone upheld the idea of parliamentary sovereignty, which the American colonists ultimately rejected in their pursuit of independence. Despite this, the Founders found themselves returning to Blackstone's analysis of legal principles, modifying them for a republican form of government.
Blackstone's influence on the Declaration of Independence is evident in the document's emphasis on individual rights and freedoms. The Declaration's assertion of certain "unalienable Rights" such as "Life, Liberty and the pursuit of Happiness" reflect Blackstone's elucidation of individual rights against the government. Additionally, the Declaration's emphasis on consent of the governed and popular sovereignty can be traced back to Blackstone's recognition of the implications of sovereignty.
Furthermore, Blackstone's "Commentaries" informed the Founders' understanding of the freedom of the press clause in the First Amendment. While Blackstone's interpretation of libel limited the defence to civil cases and excluded the right to a jury trial in cases of seditious libel, the Federalists departed from these principles in the Sedition Act of 1798. They explicitly provided that truth could be a defence and that a jury would try such cases, demonstrating the influence of Blackstone's ideas on the development of the First Amendment.
Blackstone's influence extended beyond the Declaration of Independence and the Constitution, as his "Commentaries" continued to shape American laws and legal thinking. Blackstone's definition of a writ of mandamus, for example, played a crucial role in the Marbury v. Madison case in 1803, which established judicial review by the Supreme Court.
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Influence on the First Amendment
The influence of Sir William Blackstone's ideas on the First Amendment is a complex and multifaceted topic. Blackstone's "Commentaries on the Laws of England", published in four volumes from 1765 to 1769, offered a comprehensive examination and systematization of English law, including constitutional, civil, and criminal law. While Blackstone's work was influential, it is important to note that he largely limited the rights of freedom of speech and press to prohibitions against governmental licensing or prior restraint of publication, and upheld the idea of parliamentary sovereignty, which the American colonists rejected.
Blackstone's influence on the First Amendment can be seen in the interpretation and application of certain freedoms. For example, while the First Amendment did not tie its freedoms to English common law, early U.S. Supreme Court justices often interpreted it through a "Blacksonean-Mansfieldian lens". This interpretation, however, was not without criticism. Attorney and scholar Wendell Bird argued that Blackstone, along with Mansfield, ignored wider contemporary interpretations of rights that would have allowed for more vigorous criticism of the government.
Blackstone's influence can also be observed in the works and decisions of prominent figures. James Madison, the primary drafter of the First Amendment, and other framers argued in the Virginia Report of 1800 that freedom of the press was not limited to the presumption against prior restraint. This interpretation was a modification of Blackstone's views, as they acknowledged freedom of the press but within the limits of prohibitions on governmental licensing. Additionally, Chief Justice John Marshall found Blackstone's ideas compatible with his opinions, particularly in the case of Marbury v. Madison, where Blackstone's definition of a writ of mandamus was a crucial element.
The influence of Blackstone's ideas extended beyond the First Amendment and can be seen in other significant American documents and legal traditions. Robert Ferguson, an American academic, noted that Blackstone's "Commentaries on the Laws of England" ranked second only to the Bible as an intellectual influence on the history of American institutions. Abraham Lincoln, for example, was influenced by Blackstone's writings, as evidenced by his recommendation to begin studying law with Blackstone's Commentaries. While Blackstone's influence was significant, it is important to note that by the end of the nineteenth century, his influence began to wane as American lawyers found his passages on royalty irrelevant, and legal education became more structured.
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Influence on the Seventh Amendment
The Seventh Amendment to the U.S. Constitution tied the right to civil jury trials to the English common law. This was influenced by Sir William Blackstone's teachings, which were considered a "fingerprint" on the Constitution. Blackstone's treatise on English law, the Commentaries on the Laws of England, elucidated the rights of individuals against the government, albeit with limitations on freedom of speech and press.
Blackstone's Commentaries were first printed in North America in the late 18th century, with 1,400 copies ordered for Philadelphia alone. They were widely influential and became the best-known description of the doctrines of English common law. The Commentaries were particularly important in clarifying the rights of individuals against the government and protecting liberty against the actions of officials seeking to silence criticism and suppress the press.
Blackstone's work was also important in developing a system to govern the former colonies. The framers of the Constitution found themselves returning to Blackstone's analysis of legal principles, modifying his views for a republican form of government. Blackstone's Commentaries were also important in the legal education of many American lawyers, who used them to practise law in America for nearly a century after they were published.
The influence of Blackstone's Commentaries extended beyond the Seventh Amendment. They were cited in Supreme Court decisions between 10 and 12 times a year towards the end of the 20th century. Blackstone's definition of a writ of mandamus, an order directing the state to perform an act, was a linchpin in Marbury v. Madison, the 1803 case that first established judicial review by the Supreme Court.
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Influence on the Alien and Sedition Acts
William Blackstone's treatise on English law, "Commentaries on the Laws of England", was widely influential in shaping the legal landscape of the United States. Published in four volumes from 1765 to 1769, the "Commentaries" offered a comprehensive examination and systematization of English law, including constitutional, civil, and criminal law. While Blackstone's work was not without its critics, it provided a structured introduction to legal principles that the framers of the U.S. Constitution drew upon when developing a system to govern the former colonies.
Blackstone's influence can be seen in the Alien and Sedition Acts, a series of four laws passed by the Federalists in 1798. The Acts were designed to limit immigration and suppress criticism of the federal government, specifically targeting Republicans and their publications. While the Federalists defended the Sedition Act by arguing that it did not subject publishers to prior restraint, they had to modify their interpretations by accepting that truth could be a defence against seditious libel laws. This was a departure from Blackstone's view, who held that the truth of libel was irrelevant and that the government could decide on cases of seditious libel.
The Alien and Sedition Acts reflected a liberal improvement on the common law seditious libel as described by Blackstone. Interestingly, the critics of these Acts often deferred more to Blackstone's interpretations than the Federalists who authored the laws. This highlights the complexity of legal theories and their application in practice.
Blackstone's "Commentaries" played a significant role in shaping the understanding of the freedom of the press clause of the First Amendment. While he opposed governmental licensing of the press and prior restraint, Blackstone recognised the government's right to punish "seditious libels". This tension between freedom of the press and seditious libel laws is evident in the Alien and Sedition Acts, as the Federalists attempted to balance these competing interests.
Overall, Blackstone's influence on the Alien and Sedition Acts was indirect but significant. While the Federalists may have modified some of his interpretations, Blackstone's theories on libel and freedom of the press provided a framework within which the Acts were debated and interpreted. His "Commentaries" continue to be cited by lawyers and judges in the United States, demonstrating the enduring influence of his legal theories.
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Frequently asked questions
Yes, the framers of the Constitution referred to William Blackstone's work. Blackstone's Commentaries on the Laws of England, published in four volumes from 1765 to 1769, offered a comprehensive examination of English law. While the leaders of the American Revolution rejected Blackstone's views on parliamentary sovereignty and the right to revolution, the framers of the Constitution returned to his analysis of legal principles when developing a system to govern the former colonies.
Blackstone's Commentaries on the Laws of England was a highly influential treatise that shaped the Constitution and the laws of the United States. His work provided a coherent system of legal principles that were accessible to the layperson and served as the basis for the American legal system. Blackstone's teachings can be seen in the Constitution, such as the Amendment's restriction against federal courts hearing suits against one of the United States by citizens of another state.
Blackstone's Commentaries on the Laws of England included a section on libel and seditious libel, which influenced the Founders' understanding of the freedom of the press clause in the First Amendment. Blackstone held that truth was irrelevant to the defence of libel, and he did not provide for a jury trial in cases of seditious libel. However, when drafting the Sedition Act of 1798, the Federalists departed from Blackstone's principles by allowing truth as a defence and providing for jury trials.
