Malcolm Rivera
The number of constitutions written throughout history is difficult to determine, as many have been lost or forgotten. However, the United States Constitution, written in 1787, is the oldest and longest-standing written and codified national constitution still in force. The US Constitution was influenced by the English Bill of Rights and the literature of republicanism, as well as the ideas of Enlightenment thinkers like Locke and Montesquieu. The US Constitution has had a significant impact on world history and democratic ideals worldwide. It was preceded by other important constitutions, such as the 1755 Corsican Constitution, the Swedish Constitution of 1772, and the Constitution of San Marino of 1600, which is the oldest surviving constitution.
| Characteristics | Values |
|---|---|
| Number of written national constitutions in use | 1 (The U.S. Constitution is the oldest and longest-standing written and codified national constitution in force in the world) |
| First written constitution of an independent polity | The 1755 Corsican Constitution |
| First charter or constitution adopted by the 13 states following the American Revolution | The U.S. Constitution |
| Date the U.S. Constitution was written and signed | 1787 |
| Date the Constitution was signed | September 17, 1787 |
| Date the U.S. Constitution was ratified by the states | 1789 |
| Place where the U.S. Constitution was written and signed | Philadelphia, Pennsylvania |
| Number of delegates who wrote the U.S. Constitution | 55 |
| Place where the U.S. Constitution was signed | Independence Hall, Philadelphia |
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What You'll Learn
The US Constitution
The Constitution has seven articles and 27 amendments, with the first 10 amendments known as the Bill of Rights. It was originally handwritten on five pages of parchment by Jacob Shallus, and it has influenced the constitutions of other nations, spreading democratic ideals worldwide. The English Bill of Rights (1689) and the European Enlightenment thinkers, such as Montesquieu and John Locke, inspired the US Constitution.
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The oldest written constitutions
The Constitution of the United States of America, written in 1787, is the oldest and shortest written constitution that is still enforced. It is also the oldest active codified constitution. The Commonwealth of Massachusetts adopted its Constitution in 1780, the oldest still-functioning constitution of any U.S. state. The Constitution of San Marino, written in 1600, is the oldest surviving constitution in the world. It is also the oldest written document still governing a sovereign nation today. The Constitution of Canada was written in 1867, the same year as the birth of the nation, when four British colonies in North America united to form a single, self-governing confederation under the British Crown. The Australian Constitution is also one of the oldest in the world, drafted in the 1890s and coming into effect on the 1st of January 1901. The final, currently accepted version of the Constitution of Luxembourg came into effect on the 17th of October 1868, although it was first written in 1841, two years after Luxembourg became a sovereign nation. The Swiss Federal Constitution was first written on the 12th of September 1848, establishing Switzerland as a federal state.
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The influence of political philosophers
Political philosophers have had a significant influence on the writing of constitutions. The United States Constitution, for example, was heavily influenced by the ideas of European Enlightenment thinkers such as John Locke, Montesquieu, and others. The concept of natural rights, which was influenced by Locke's writings, was a guiding principle for the framers of the US Constitution. Locke's philosophy emphasised that the purpose of government was to ensure security for people's lives, liberties, and possessions, marking a shift from traditional Western political thought. This philosophy, along with the doctrine of classical republicanism, shaped the political arrangements established by the US Constitution.
Another influential figure was Thomas Jefferson, who, along with George Washington and John Adams, advocated for the idea that laws, rather than men, should be the final sanction and that the government should be accountable to the governed. Jefferson, however, was serving as a US ambassador in Europe and was not present at the Constitutional Convention. The English Bill of Rights of 1689, which included the right to bear arms, jury trials, and prohibitions on excessive bail and cruel punishments, also inspired the American Bill of Rights.
The Scottish Enlightenment, including the works of David Hume, also played a significant role in shaping the thinking of the founding fathers. Benjamin Franklin, a delegate to the Constitutional Convention, was an admirer of Hume and had studied his works extensively. The Magna Carta, English common law, and "Enlightenment rationalism" further influenced the development of the US Constitution.
The first written constitution of an independent polity was the Corsican Constitution of 1755, drafted by Pasquale Paoli. While it was short-lived, it inspired many American patriots and demonstrated the power of a written constitution in shaping a nation's governance. The US Constitution, completed in 1787, was a groundbreaking document that put governance directly into the hands of the people, setting a precedent for democratic ideals worldwide.
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The English Bill of Rights
The Bill was largely based on the ideas of political theorist John Locke and set out a constitutional requirement for the Crown to seek the consent of the people as represented in Parliament. It established the rights of Parliament, including regular parliaments, free elections, and parliamentary privilege. It also listed individual rights, including the prohibition of cruel and unusual punishment, the right to a jury trial, and the right not to pay taxes levied without the approval of Parliament. The English Bill of Rights also stated that Parliament should not be censored by a monarch, providing that "the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament".
The Bill of Rights received royal assent on December 16, 1689, and was an important influence on the later American Constitution. It was one of the models used to draft the United States Bill of Rights, the United Nations Declaration of Human Rights, and the European Convention on Human Rights. The English Bill of Rights reaffirmed some rights guaranteed to subjects that dated back to the Magna Carta and reflected John Locke's influence on the document.
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The Constitutional Convention
The delegates to the convention, also known as the "framers" of the Constitution, were chosen by the state legislatures of 12 of the 13 original states, with Rhode Island being the only state that refused to send delegates. They included merchants, farmers, bankers, and lawyers, many of whom had served in the Continental Army or colonial legislatures. The delegates were tasked with amending the Articles of Confederation, but they soon began debating proposals for an entirely new form of government.
The convention was marked by intense debates on various issues, including state representation in the national legislature and the role of the executive branch. The delegates ultimately agreed on a federal government with three branches: legislative, executive, and judicial. They also debated contentious issues such as slavery and the insertion of a fugitive slave clause, with the southern states insisting that slavery should be decided by individual states and kept out of the Constitution.
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