Foundations Of Our Constitution: Influence And Legacy

was one of the influences of our constitution

The United States Constitution, written in 1787, was influenced by a variety of factors, including the country's colonial roots, European Enlightenment thinkers, and the experiences of the early United States under the Articles of Confederation. The Constitution was the product of political compromise and introduced novel concepts such as checks and balances, separation of powers, and the protection of citizens' rights. It has since had a profound impact on legal thinking and government structures around the world, with many emerging nations adopting similar constitutions and frameworks. The Constitution's influence extends beyond the political realm, as it has also contributed to the advancement of personal liberties and democratic ideals.

Characteristics Values
Rule by popular consent Laws drafted by the people's representatives
Rule of law Checks and balances
Separation of powers Defining powers of the executive branch
Global impact on legal thinking Adaptation in emerging nations
Republican and democratic practices Judicial review
Political reform Calls for basic freedoms
Federal system Limited government
Self-government

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The Articles of Confederation

Under the Articles of Confederation, the central government had insufficient power to regulate commerce, levy taxes, or set commercial policy. It also could not effectively support a war effort or resolve disputes between states. As a result, the states were on the brink of economic disaster, and the country was in danger of tearing itself apart. In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation, and the present-day US Constitution was signed on September 17, 1787.

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European Enlightenment thinkers

The US Constitution was profoundly influenced by European Enlightenment thinkers, who advocated for a mixed government that combined elements of monarchy, aristocracy, and democracy. This idea, refined by Montesquieu, proposed dividing government authority among the executive, legislative, and judicial branches to prevent tyranny and protect individual liberties. The Founding Fathers' engagement with these Enlightenment ideas shaped the ideological and structural framework of American governance, reflecting a commitment to individual freedoms and balanced governance.

Montesquieu's concept of checks and balances was a cornerstone of American political philosophy, influencing the creation of a bicameral legislature in the US Constitution. Similarly, Jean-Jacques Rousseau's ideas about direct democracy and the importance of the collective will and civic freedom also impacted American political ideology. Rousseau advocated for laws to be made directly by the vote of all, arguing that true political authority lies with the people and that their government should reflect their general will.

Another influential Enlightenment thinker was John Locke, whose principles of the social contract and natural rights were incorporated into the US Constitution. Locke's ideas, including "life, liberty, and estate," were reflected in the Declaration of Independence as "life, liberty, and the pursuit of happiness." Locke challenged the notion of the divine right of kings and proposed a social model where the government was subject to the consent of the governed.

European Enlightenment thought also contributed to the development of revolutionary ideas about scientific rationality, religious tolerance, and experimental political organization. The Founding Fathers, influenced by Enlightenment ideals, viewed the US Constitution as a modern-day Magna Carta, safeguarding individual liberty and natural rights against oppressive or unjust governments.

The impact of European Enlightenment thinkers on the US Constitution extended beyond the specific individuals mentioned. The broader movement's emphasis on rational thinking, challenging traditional monarchies, and shaping modern history's socioeconomic systems left an enduring legacy on the constitutional republic dedicated to protecting the rights and freedoms of its citizens.

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Iroquois Confederacy political concepts

The Iroquois Confederacy, also known as the Haudenosaunee Confederacy, was a powerful influence on the US Constitution. The constitutional framers admired the federalist principles of the Confederacy, which united five nations: the Mohawks, the Onondaga, the Cayuga, the Oneida, and the Seneca. In around 1722, the Tuscarora nation joined the Iroquois, after which the Confederacy was known as the "Six Nations".

The Iroquois Confederacy was a real-life example of some of the political concepts that the framers of the US Constitution were interested in adopting. The Confederacy was a multi-state government, with each nation ruling themselves and maintaining their own individual governance while enjoying the peace and support of the union. This stacked-government model influenced the framers' thinking, who sought to borrow aspects of the Iroquois government that enabled them to assert the sovereignty of the people.

The Iroquois Confederacy was established prior to European contact, with the banding together of five of the many Iroquoian peoples who had emerged south of the Great Lakes. Many archaeologists and anthropologists believe that the Confederacy was formed around 1450, with arguments made for an earlier date of 1142. The Confederacy emerged from the Great Law of Peace, said to have been composed by Deganawidah the Great Peacemaker, Hiawatha, and Jigonsaseh the Mother of Nations. Hiawatha is credited in Native American tradition as the founder of the Iroquois Confederacy.

The Iroquois Confederacy was a powerful force in 17th- and 18th-century northeastern North America, with its political cohesion rapidly increasing as raids between member tribes ended and they directed warfare against competitors. The Confederacy did not speak for all five tribes, which continued to act independently and form their own war bands. However, the Council of Fifty ruled on disputes and sought consensus, and the Confederacy exerted power in negotiations with colonial governments.

The framers of the US Constitution, including George Washington and Benjamin Franklin, admired the concepts, principles, and governmental practices of the Iroquois Confederacy. They modelled the confederation of the original Thirteen Colonies into one republic on the Iroquois Confederacy, as well as incorporating many of the democratic principles of the Confederacy into the Constitution.

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State constitutions

The state constitutions provided a laboratory of democracy, allowing for experimentation with different forms of government and policies. They served as incubators for innovative ideas, fostering a spirit of innovation and adaptability that would come to define the nation's political landscape. The diversity of these state constitutions ensured a rich exchange of concepts, with each state contributing its own distinct perspective to the collective understanding of governance.

One of the key influences of state constitutions on the US Constitution was the concept of a written constitution itself. By the time of the Constitutional Convention in 1787, all states except Massachusetts had adopted written constitutions, providing a tangible framework for defining governmental structures and powers. These state constitutions outlined the organization of government, delineated the separation of powers, and enshrined fundamental rights and liberties, setting a precedent for the US Constitution's emphasis on a written framework of governance.

Additionally, state constitutions played a significant role in shaping the Bill of Rights. Several states had already adopted their own declarations of rights, guaranteeing certain fundamental freedoms and protections to their citizens. These state-level experiences informed the drafting of the first ten amendments to the US Constitution, ensuring that individual liberties were explicitly protected from governmental overreach. The state constitutions' emphasis on rights such as freedom of speech, religion, and assembly, as well as due process and protection against unreasonable searches and seizures, resonated in the Bill of Rights.

The influence of state constitutions extended beyond the initial drafting of the US Constitution, as they continue to inform the interpretation and evolution of the nation's laws and governance. State constitutions remain laboratories of democracy, allowing for ongoing experimentation and innovation in policy and governance, which can subsequently inform and influence national-level discussions and reforms. The interplay between state and federal constitutions ensures a dynamic and responsive political system, rooted in the diverse experiences and perspectives of the American people.

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Colonial roots

The US Constitution is the supreme law and foundation for the government of the United States of America. It outlines the government's structure, assigns separate powers to its three branches, and protects the rights of the people. The Constitution was signed in Philadelphia on September 17, 1787, marking a shift from the rule of a sovereign to a government ruled by popular consent with laws drafted by the people's representatives.

The colonial roots of the US Constitution can be traced back to the early days of the 13 American colonies under British control. Each colony had its own governmental system, structured based on the type of colony: royal, proprietary, or charter. Royal colonies were directly governed by a governor appointed by the King of England, while colonists in proprietary colonies lived under the authority of a proprietor who had been granted land by the crown. Charter colonies, owned by companies, were allowed more self-governance, including the election of governors and legislators.

As the push for independence from Britain grew, some colonies began drafting their own constitutions. The colonists sought to address what they perceived as unfair British control and taxation, as exemplified by protests with the slogan, "no taxation without representation." The Boston Massacre of 1770, where British soldiers killed five colonists, and the Boston Tea Party of 1773, where colonists dumped taxed tea into the harbor, further fueled tensions. These events led to the Second Continental Congress meeting in 1775 and the subsequent drafting and passing of the Declaration of Independence in 1776.

The early state constitutions and colonial documents influenced the development of American political institutions found in the US Constitution, including popular elections, majority rule, bicameralism, separation of powers, and checks and balances. The Pilgrim Code of Law (1636) is considered one of the first constitutions in the English language, along with the Massachusetts Constitution of 1780 and the Pennsylvania Constitution of 1776.

Additionally, the US Constitution was influenced by the familiarity of the Founding Fathers with Native nations and their systems of government. John Adams and Thomas Jefferson both studied and expressed admiration for Native systems, particularly the Mohawks and the Iroquois Confederacy, respectively. These influences contributed to the democratic political theories and principles that shaped the US Constitution.

Frequently asked questions

The US Constitution was influenced by the country's experience under the Articles of Confederation, which had attempted to retain as much independence and sovereignty for the states as possible. The Constitution was also influenced by the study of the Magna Carta and other federations, both ancient and modern. The ideas of unalienable rights, the separation of powers, and the structure of the Constitution were influenced by European Enlightenment thinkers, like Montesquieu, John Locke, Edward Coke, and William Blackstone.

The US Constitution was written in 1787, but American constitutional history began earlier, during the nation’s colonial period as a collection of British colonies. By the 1760s, colonists began to push back against unfair British control and taxation, with protests adopting the slogan, “no taxation without representation”. Violence erupted during the Boston Massacre of 1770, and in 1773, Boston colonists dumped a shipment of taxed tea into the harbour, leading to the British Parliament passing the Intolerable Acts, which punished Massachusetts by taking away the colony’s charter and limiting its self-governance. This, along with the national government’s inability to act during Shays’s Rebellion (1786–87) in Massachusetts, showed that the Articles of Confederation were unworkable, and a new constitution was needed.

The Constitutional Convention assembled in Philadelphia in May of 1787, with delegates debating issues such as states’ rights, representation, and slavery. Delegates from small and large states disagreed over whether the number of representatives in the new federal legislature should be the same for each state or different depending on a state’s population. Some delegates from Northern states sought to abolish slavery, or make representation dependent on the size of a state’s free population.

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