Malcolm Rivera
The United States Constitution, signed in Philadelphia on September 17, 1787, has had a significant influence on the development of constitutionalism worldwide. It marked a shift from monarchical rule to rule by popular consent, with laws drafted by representatives of the people. The US Constitution has inspired many countries, particularly former colonies, in their transition to self-governance and the adoption of federal and parliamentary systems. However, the influence of the US Constitution has been waning since the 1980s as other countries create new constitutions or update older ones, and some studies suggest that it guarantees relatively few rights compared to other constitutions. So, is America the only country with a constitution, and how has its influence shaped global constitutionalism?
| Characteristics | Values |
|---|---|
| Date of Enactment | 17 September 1787 |
| Rule of Law | Rule by popular consent, laws drafted by people's representatives |
| Voting Rights | Did not originally define who was eligible to vote, allowing each state to determine eligibility |
| Right to Keep and Bear Arms | One of three constitutions in the world that still features this right |
| Influence | Influenced the constitutions of Mexico, the Philippines, China, and Australia |
| Amendments | Procedure for amending outlined in Article V |
| Federal Powers | Powers include declaring war, collecting taxes, regulating interstate business activities, and others |
| Reserved Powers | Powers not listed are reserved for the states or the people, including laws affecting family relations, commerce within a state, abortion, and local law enforcement |
| Sovereign Immunity | Eleventh Amendment (1795) prohibits federal courts from hearing cases where a state is sued by an individual from another state or country |
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What You'll Learn
The US Constitution's global influence
The US Constitution has had a significant influence on the rest of the world, especially in the 19th and 20th centuries. The document, signed on September 17, 1787, was a landmark event in the history of governments. It marked a shift from monarchical rule to democratic governance, with laws drafted by representatives of the people. This had a profound impact on the development of other nations, particularly those seeking independence and self-governance.
One of the earliest influences of the US Constitution was on Mexico. President Benito Juarez drew inspiration from the US's republican and democratic practices when introducing more liberal policies into the Mexican constitution. He implemented concepts such as judicial review and the separation of powers. Other Latin American countries followed suit, adopting similar constitutions and a federalist framework of government.
The US Constitution also played a significant role in the political reforms advocated by nationalists in the Philippines and China. Jose Rizal of the Philippines cited the US Constitution in pushing for Filipino representation in the Spanish Parliament. Similarly, Sun Yat-sen, the first President of the Republic of China, was heavily influenced by American democracy and the US Constitution when forming a provisional Republican government in the early 20th century.
The influence of the US Constitution extended beyond individual countries. Former European colonies, particularly after World War II, looked to the US Constitution as they transitioned to self-governance and adopted federal and parliamentary models of government. The Australian constitution, for example, integrated federal ideas from the US Constitution while preserving Westminster parliamentary traditions.
However, in recent decades, the influence of the US Constitution has been waning. As countries create new constitutions or update older ones, they tend to adopt more centralized models, such as the British or French systems. A 2012 study by David Law and Mila Versteeg found that the US Constitution guarantees relatively few rights compared to other countries' constitutions and contains less than half of the provisions listed in the average bill of rights. It is also one of the few constitutions that still include the right to keep and bear arms. Despite this, the idea of adopting a written constitution may still be inspired by the United States, even if the specific content and manner of writing have evolved.
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The US Constitution's waning influence
The US Constitution, signed on September 17, 1787, in Philadelphia, was a landmark event in the history of governments. It was an experiment in creating a new type of society governed by the rule of law, with laws drafted by the people's representatives, rather than by a sovereign. The US Constitution has influenced many countries, including Mexico, the Philippines, China, and Australia. However, since the 1980s, its influence has been waning as other countries have created new constitutions or updated their older ones. This process of constitutional change is believed to be more difficult in the United States than in any other country.
Several factors contribute to the waning influence of the US Constitution. Firstly, according to a 2012 study by David Law and Mila Versteeg, the US Constitution guarantees relatively few rights compared to other countries' constitutions. It contains less than half (26 out of 60) of the provisions listed in the average bill of rights. Additionally, it is one of the few constitutions in the world that still includes the right to keep and bear arms, along with Guatemala and Mexico.
Another factor is the centralization of power. Democratizing countries often prefer more centralized models of government, such as the British Westminster system or the French model. The US Constitution's federal structure, with its separation of powers and reserved powers for states or people, may not align with the preferences of emerging democracies.
The US Constitution's influence has also been impacted by the changing global context. After World War II, independence movements referenced the US Constitution, but they also drew significant inspiration from the British model of government. In the modern era, former European colonies that gained self-governance often chose federal and parliamentary models, diverging from the strict constitutional framework of the US.
Despite the waning influence, the US Constitution still holds global significance. It continues to inspire movements for political reform and representation, as seen in the Philippines' calls for representation in the Spanish Parliament. Additionally, the US Constitution's principles of popular consent and democratic governance remain fundamental to its legacy.
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The US Constitution's impact on Latin America
The US Constitution has had a profound impact on the world, including Latin America. The US Constitution's impact on legal thinking and adaptation in emerging nations has been significant. The Constitution's principles of popular consent, separation of powers, and democratic and republican practices inspired many nations.
In Latin America, the influence of the US Constitution was particularly evident in Mexico. President Benito Juarez implemented practices like judicial review when introducing more liberal policies into the Mexican constitution. He drew inspiration from the US Constitution due to its republican and democratic practices. Other Latin American countries followed Mexico's lead in the 19th and 20th centuries, adopting similar constitutions and a federalist framework of government.
The constitutions of many Latin American countries include concepts such as the separation of powers and upholding minority and fundamental rights. However, the region has faced challenges in consolidating the rule of law due to issues like endemic public security crises and corruption scandals.
While the US Constitution has influenced Latin America, it has also faced criticism for guaranteeing relatively few rights compared to other constitutions. Its influence has waned since the 1980s as countries have created new constitutions or updated older ones, a process that is argued to be more difficult in the US than in other countries.
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The US Constitution's impact on China
The US Constitution has had a profound impact on the world, influencing the legal thinking and adaptation of emerging nations. However, its influence has been waning since the 1980s as countries have created new constitutions or updated older ones. This process is believed to be more challenging in the US than in any other country. While the US Constitution has had a global impact, it appears that those of Confucian and Islamic cultures do not readily adopt its premises.
In the context of China, the US Constitution has had some influence on the country's revolutionary history and democratic development. Sun Yat-sen, the first president of the Republic of China, was much influenced by American democracy and the US Constitution. He was inspired by the ideas of popular consent, rule by the people's representatives, and the separation of powers. However, it is important to note that China's constitution has also been influenced by other models, such as the 1936 Constitution of the Soviet Union. The current Chinese constitution, adopted in 1982, establishes the country as a “socialist state governed by a people's democratic dictatorship" led by the Chinese Communist Party (CCP).
China's constitution has undergone several revisions, with significant differences between each version. While the US Constitution may have inspired some aspects of China's constitutional development, the two documents have distinct features and reflect different cultural and political contexts. The US Constitution's impact on China has been indirect and influenced by various factors, including China's unique historical, cultural, and political circumstances.
China's constitutional evolution has been a dynamic process, with scholars noting dramatic and fundamental transitions beyond conventional knowledge. The legislative works of the National People's Congress (NPC) and its Standing Committee (NPCSC) have been credited with institutional progress, but the enforcement of constitutional norms remains a challenge. Some scholars argue that China has done little to enforce its constitution, while others offer more positive assessments of its implementation.
In conclusion, the US Constitution has had a complex and multifaceted impact on China. While it influenced Chinese revolutionaries and constitutional thinkers, China's constitution has evolved independently and been shaped by multiple factors. The enforcement of constitutional norms in China remains a subject of debate among scholars, with a range of viewpoints expressed regarding its effectiveness and impact on the country's political and legal landscape.
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The US Constitution's impact on the Philippines
The US Constitution has influenced many countries' constitutions, including that of the Philippines. The Philippines has had a total of six constitutions since the country's first Proclamation of Independence on 12 June 1898. The first Philippine Constitution, called the Malolos Constitution, was approved on 20 January 1899, ushering in the First Philippine Republic. However, this was short-lived as the Philippines was ceded (or sold) by Spain to the United States in the Treaty of Paris, and the US proceeded to suppress the Philippine independence movement.
The US passed the Jones Act in 1916, which specified that independence would only be granted to the Philippines upon the formation of a stable democratic government modelled on the American system. The US approved a ten-year transition plan in 1934 and drafted a new constitution in 1935, which featured a political system virtually identical to that of the US. This included the election of a President for a four-year term (with the possibility of one re-election), a bicameral Congress, and an independent Judiciary. The Philippines eventually achieved independence on 4 July 1946, with the 1935 Constitution in operation.
The Philippine Constitution is modelled on the US Constitution, particularly the portion containing the Bill of Rights. The Philippine government is structured similarly to the US government, with three separate, sovereign, and interdependent branches, and a democratic form of government that recognizes the separation of powers and checks and balances. The most important statutes governing trade and commerce in the Philippines, such as corporate law, taxation, banking, and labour relations, are derived from US laws. The Philippine legal system is a combination of civil and common law, similar to the US system, with the main sources of law being the Constitution, statutes enacted by Congress, treaties, conventions, judicial decisions, and customary law.
The influence of the US Constitution on the Philippines is evident in the shared history between the two countries. English is the main language used in business, law, government, and education in the Philippines, and it is also commonly used in everyday communications. Philippine laws, official notices, and court decisions are in English, and US reference materials, law dictionaries, and court reports are included in Philippine law libraries. However, it is important to note that the influence of the US Constitution on the Philippines has not been without criticism. Some scholars argue that the US Constitution, and by extension, the Philippine Constitution, guarantees relatively few rights compared to other countries' constitutions.
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Frequently asked questions
No. All countries have a constitution, but the influence of the US Constitution has been waning since the 1980s as other countries have created new constitutions or updated older ones.
The US Constitution has influenced many countries, particularly in Latin America and East Asia. For example, Mexican President Benito Juarez implemented practices like judicial review when introducing more liberal policies into the Mexican constitution. In the Philippines, Jose Rizal and Mabini pushed for reforms inspired by the US Constitution, including Filipino representation in the Spanish Parliament. Sun Yat-sen, the first President of the Republic of China, was also heavily influenced by the US Constitution in forming a provisional Republican government in China in the early 20th century.
The US Constitution, like other constitutions, dictates rule by popular consent with laws drafted by the people's representatives. It also contains a right to keep and bear arms, a feature shared with the constitutions of Guatemala and Mexico.
The US Constitution guarantees relatively few rights compared to the constitutions of other countries and contains less than half (26 out of 60) of the provisions listed in the average bill of rights.
According to Sanford Levinson, it is more difficult for the US to change its Constitution than it is for other countries. This may be because the US Constitution is an expression of Americans' divergence from colonial rule, and changing it would mean altering the fundamental principles on which the country was founded.
