The Fundamental Orders: Constitution Or Not?

is the fundamental orders of connecticut a constitution

The Fundamental Orders of Connecticut, inspired by Thomas Hooker's sermon of May 31, 1638, provided a framework for the government of the Connecticut Colony from 1639 to 1662. The document, consisting of a preamble and 11 orders or laws, was drafted by Roger Ludlow of Windsor and established a covenant binding the towns of Windsor, Hartford, and Wethersfield to be governed in civil matters by the Orders, with the supreme authority assigned to the elected General Court. While some consider it the first written constitution, others dispute this claim, highlighting its lack of recognition of external authority, such as the British Crown. The Fundamental Orders emphasized the limitation of government powers and the involvement of common folk in governance, shaping Connecticut's nickname as The Constitution State.

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The Fundamental Orders of Connecticut were inspired by Thomas Hooker's sermon of May 31, 1638

The Fundamental Orders of Connecticut is considered by some to be the first written constitution. It served as the framework for the government of the Connecticut colony from 1639 to 1662. The Fundamental Orders were inspired by Thomas Hooker's sermon of May 31, 1638, in which he declared, "The foundation of authority is laid firstly in the free consent of the people." This principle is at the heart of the representative system by which the United States has governed itself for centuries.

Thomas Hooker was a Puritan pastor, and his sermon has been described as one of the most important in colonial New England. Hooker's sermon advocated popular sovereignty and popular control of civil government. This was a radical concept at the time, as almost all nations were governed by monarchs, emperors, or tsars, and ordinary people had little to no say in selecting their leaders or creating their laws. The Puritans whom Hooker had led to settle in Hartford just a few years earlier based everything in their lives on the Bible.

The Fundamental Orders provided the framework for the government of the Connecticut colony. The document consisted of a preamble and 11 orders or laws. The preamble was a covenant binding the three towns of Windsor, Hartford, and Wethersfield to be governed in all civil matters by the Orders. The 11 orders followed the Massachusetts government model and were consistent with 17th-century trading company charters. The colonists did not follow current conventions for marking a year, so the date on the document is listed as 1638, although it was adopted in 1639.

The Fundamental Orders established a political right, including provisions for annual elections, the secret ballot, rotation in office, and the "liberty of speech" for elected representatives. The document is notable for assigning supreme authority in the colony to the elected general court, omitting any reference to the authority of the British Crown or other external authority. The Fundamental Orders also emphasised the limitation of powers of certain government positions and the involvement of the common folk within the government rather than exclusively gentry.

In 1662, the Fundamental Orders were replaced by a Royal Charter approved by King Charles II. This change occurred mainly because the Orders lacked a firm legal basis to be considered an official document and did not mention the crown or British at all. However, the colonists generally viewed the charter as a continuation and assurance of their Fundamental Orders.

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The document outlined the government's structure and powers, emphasising the limitation of certain government positions

The Fundamental Orders of Connecticut, inspired by Thomas Hooker's sermon of May 31, 1638, provided a framework for the government of the Connecticut Colony from 1639 to 1662. The document, consisting of a preamble and 11 orders or laws, outlined the government's structure and powers.

The Fundamental Orders established the right to form a government, a right not held by Englishmen at the time. The settlers, or "freemen," of the towns of Windsor, Hartford, and Wethersfield, created the compact, which did not acknowledge the British monarch as its authorizing agent. Instead, the document emphasised the importance of maintaining "an orderly and decent Government established according to God."

The Orders outlined the structure of the government, including the roles and powers of the governor, magistrates, and other public officers. It decreed that there should be two General Assemblies or Courts per year, with the first being the Court of Election, where these officials would be chosen. The governor was to be chosen annually and could not serve for more than one year. The governor was also given the power to order the court, grant liberty of speech, and put things to vote.

The document also emphasised the limitation of powers of certain government positions. It provided for the involvement of "admitted inhabitants" and "freemen" in the government, rather than exclusively gentry. "Admitted inhabitants" could vote for local officials at town meetings, while "freemen" were a more selective group with the right to vote for the governor and magistrates. The Orders also included a clause about "taxation without representation," indicating the limitations on the government's power to tax.

While the Fundamental Orders of Connecticut exhibited features of a written constitution, its status as the first written constitution is debated. Nevertheless, it played a significant role in shaping the government of Connecticut and contributed to its nickname, "The Constitution State."

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It is considered one of the more democratic constitutions of its time, with the right to create the form of government under which one shall live

The Fundamental Orders of Connecticut, inspired by Thomas Hooker's sermon of May 31, 1638, provided the framework for the government of the Connecticut Colony from 1639 to 1662. The document, consisting of a preamble and 11 orders or laws, was drafted by Roger Ludlow of Windsor, the only trained lawyer in the colony. It is considered one of the more democratic constitutions of its time, as it gave the people of Connecticut the right to create the form of government under which they would live.

The Fundamental Orders established the right of the settlers to “order, sentence, and decree" the laws by which they would be governed. This included provisions for annual elections, the secret ballot, rotation in office, and the “liberty of speech" for elected representatives. The document also emphasised the limitation of powers of certain government positions and the involvement of the common folk within the government rather than exclusively gentry. It identified two types of voters: "admitted inhabitants" and "freemen." "Admitted inhabitants" referred to adult male "inhabitants" who could vote for local officials at town meetings and elect deputies to attend the General Court. "Freemen," on the other hand, were a more selective group who could serve as deputies and vote for the governor and magistrates.

The Fundamental Orders also provided for the structure and powers of the government. It established the supreme authority of the elected General Court, omitting any reference to the authority of the British Crown or any external authority. The document outlined when general courts should be held and how the governor and magistrates should be chosen. It decreed that there should be two General Assemblies or Courts each year, with the first being the Court of Election, where magistrates and other public officers would be chosen. The governor could only serve for one year, and the court had the power to administer justice according to the established laws or, in their absence, according to the "Rule of the Word of God."

The Fundamental Orders of Connecticut are considered by some to be the first written constitution in the Western tradition, earning Connecticut its nickname, "The Constitution State." However, this claim is disputed by modern historians, with some arguing that the Mayflower Compact has an equal claim nineteen years earlier. Nevertheless, the Fundamental Orders served as the basis for government in Connecticut until 1662 when they were replaced by a Royal Charter approved by King Charles II.

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The Fundamental Orders provided for annual elections, the secret ballot, rotation in office, and liberty of speech for elected representatives

The Fundamental Orders of Connecticut, inspired by Thomas Hooker's sermon of May 31, 1638, provided the framework for the government of the Connecticut colony from 1639 to 1662. The document, consisting of a preamble and 11 orders or laws, was drafted by Roger Ludlow of Windsor, the only trained lawyer in the colony. The Fundamental Orders provided for annual elections, the secret ballot, rotation in office, and liberty of speech for elected representatives.

The secret ballot, also known as the Australian ballot, is a voting method that ensures the anonymity of a voter's identity in an election or referendum. This method helps to prevent attempts at influencing the voter by intimidation, blackmail, or vote buying. The secret ballot was not always the norm, as prior voting methods required voters to verbally provide their vote to a designated individual, making every voter's choice public knowledge. The implementation of the secret ballot reduced the influence of the aristocracy, who previously had the power to sway elections through bribes and threats.

The Fundamental Orders also established the principle of rotation in office, which holds that no individual has an intrinsic right to hold office indefinitely. This idea is rooted in American democratic traditions, aiming to prevent the concentration of power in the hands of a few individuals holding lifelong government positions. Rotation in office also aligns with the notion that open positions in government should be used to reward allies and supporters.

The Orders further emphasised the importance of liberty of speech for elected representatives, a concept protected by the First Amendment. Freedom of speech is considered the "matrix" or "indispensable condition" of nearly every other form of freedom. It allows for a "marketplace of ideas", where all points of view, even those considered socially harmful, can be expressed and debated. This freedom is essential for self-government and provides a "checking function" against government excess and corruption.

While the Fundamental Orders of Connecticut provided a foundation for governance, there is ongoing debate about whether they should be considered a constitution in the modern sense. Nonetheless, they played a significant role in shaping the political landscape of Connecticut and contributed to its designation as "the Constitution State".

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The document does not acknowledge the British monarch or the authority of the British Crown

The Fundamental Orders of Connecticut is the official title for the compact agreed to by the freemen of the towns of Windsor, Hartford, and Wethersfield in 1638–39. The document, consisting of a preamble and 11 orders or laws, provided the framework for the government of the Connecticut colony from 1639 to 1662. The Fundamental Orders are considered by some to be the first written constitution in the Western tradition, earning Connecticut its nickname, "The Constitution State".

The Fundamental Orders were inspired by Thomas Hooker's sermon of May 31, 1638, and provided the framework for the government of the Connecticut colony. The document is notable for its emphasis on the limitation of powers of certain government positions and the involvement of the common folk within the government. It assigns supreme authority in the colony to the elected general court, omitting any reference to the authority of the British Crown or other external authority.

The settlers established the political right to create the form of government under which they should live. This right is implicit in the document, as it was the settlers who "ordered, sentenced, and decreed" the laws under which they would live. The Fundamental Orders also provided for annual elections, the secret ballot, rotation in office, and ""liberty of speech" for elected representatives.

The British monarch was not acknowledged as the authorizing agent of the document, as he was in the Mayflower Compact. There is no mention of the monarch anywhere in the agreement. This omission is significant as it allowed the colonists to establish a government independent of external authority and to create a form of government that aligned with their values and beliefs.

The Fundamental Orders were replaced by a Royal Charter in 1662 with approval from King Charles II. This replacement occurred mainly because the Orders lacked a firm legal basis to be considered an official document and did not mention the crown or British at all.

Frequently asked questions

The Fundamental Orders of Connecticut was a document that provided a framework for the government of the Connecticut Colony, originally consisting of the towns of Windsor, Hartford, and Wethersfield.

The Fundamental Orders of Connecticut were created in 1639, inspired by Thomas Hooker's sermon on May 31, 1638.

The Fundamental Orders of Connecticut established two types of voters: "admitted inhabitants" and "freemen." It also provided for annual elections, the secret ballot, rotation in office, and liberty of speech for elected representatives.

The Fundamental Orders of Connecticut are considered by some to be the first written constitution in the Western tradition. However, this claim is disputed by modern historians, and the Mayflower Compact has an equal claim from 19 years earlier.

The Fundamental Orders of Connecticut were replaced by a Royal Charter in 1662, approved by King Charles II. The Orders lacked a firm legal basis as they did not mention the British Crown or any external authority.

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