Enlightenment Constitution: America's Founding Document

The Enlightenment, also known as the Age of Reason, was a philosophical movement that dominated the world of ideas in Europe and the American colonies in the 18th century. The movement was concerned with a range of social and political ideals such as natural law, liberty, equality, progress, toleration, fraternity, constitutional government, and the formal separation of church and state. The American Revolution of 1776 and the subsequent creation of the US Constitution were heavily influenced by Enlightenment thought. The Founding Fathers, including Thomas Jefferson, Benjamin Franklin, and James Madison, incorporated Enlightenment ideals into the Declaration of Independence and the US Constitution. These included the principles of popular sovereignty, the rule of law, checks and balances, and religious freedom.

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The Constitution's structure and separation of powers

The Constitution of the United States is the supreme law of the land, superseding the Articles of Confederation, the nation's first constitution. The Constitution's structure reflects the framers' intent to create a strong national government, with its first three articles embodying the doctrine of the separation of powers.

The separation of powers divides the federal government's powers between three separate branches: the legislative, executive, and judicial. The legislative power is vested in the bicameral Congress, the executive power in the President, and the judicial power in the Supreme Court and any lower federal courts created by Congress. This structure was designed to prevent tyranny by a single branch, promote effective governance, and preserve individual liberty.

The framers' experience with the British monarchy informed their belief that concentrating governmental powers in a single entity would lead to arbitrary and oppressive rule. They sought to ensure that each branch of government exercised a separate and independent function, with checks and balances in place to prevent abuse of power. This concept, first articulated by Enlightenment philosopher Montesquieu, was embraced by the Founding Fathers, including James Madison, who incorporated it into the US Constitution.

The Constitution's structure also reflects the influence of other Enlightenment thinkers, such as Hume, Locke, and Rousseau, who promoted ideas of natural law, liberty, progress, and the separation of church and state. These ideals sparked discussion and debate among the colonists, influencing the political narrative that led to the American Revolution and the creation of a new form of government.

The separation of powers doctrine is a key feature of the US Constitution, ensuring that no single branch of government holds all political power. This structure has been influential, with many countries modelling their constitutions on the American example.

Influence of European Enlightenment thinkers

The US Constitution was signed on July 4, 1776, marking the birth of the United States of America. The Enlightenment thinkers of the 1600s and 1700s had a profound influence on the framers of the Constitution, embedding principles of justice, liberty, and balance that continue to guide American governance. The Enlightenment was a period of rigorous scientific, political, and philosophical discourse that emerged in Europe and spread to the American colonies. It was marked by three political revolutions: the English Revolution (1688), the American Revolution (1775–83), and the French Revolution (1789–99).

European Enlightenment thinkers influenced the framers of the US Constitution in several key ways. Firstly, they emphasised the importance of natural rights, such as life, liberty, and property, as articulated by John Locke. Locke's theories emphasised the social contract and government by consent, arguing that legitimate governmental power derives from the people's will. This idea of the government protecting natural rights played a significant role in the American colonies' decision to break away from England and form an independent nation.

Secondly, Enlightenment thinkers such as Montesquieu and Thomas Reid promoted the doctrine of the separation of powers. Montesquieu argued for dividing the government into three branches: legislative, executive, and judicial. This structure aimed to prevent any one branch from gaining too much power and ensured a balance that protected individual liberties. The US Constitution reflects this separation of powers in its first three articles, delineating the legislative, executive, and judicial branches of the federal government.

Thirdly, Enlightenment philosophers such as Voltaire and Rousseau contributed to the concept of civil liberties, including freedom of speech and religion. Voltaire believed that a society could advance through reason and justice, and his ideas resonated with the framers' desire to embed fundamental freedoms within the governing document. Rousseau, on the other hand, emphasised individual self-determination and human freedom, which influenced Kant's practical philosophy.

In addition to these European Enlightenment thinkers, the framers of the US Constitution were also influenced by the Magna Carta, which established the notion that everyone, including the king, is subject to the law. The Magna Carta's guarantee of individual rights, such as the right to a fair trial, inspired provisions in the US Constitution's Amendments. The framers also drew from their experiences with previous forms of government, seeking to create a balanced representative government that guarded justice and liberty.

Popular sovereignty and the will of the people

The American Enlightenment, influenced by the European Enlightenment, played a significant role in shaping the ideas and values that led to the American Revolution and the creation of the United States Constitution. The Enlightenment was marked by three political revolutions: the English Revolution (1688), the American Revolution (1775-1783), and the French Revolution (1789-1799). This period, often referred to as the Age of Reason, witnessed the emergence of ideals such as natural law, liberty, progress, constitutional government, and the separation of church and state.

The Enlightenment thinkers, including John Locke, Voltaire, D'Alembert, Diderot, Montesquieu, Adam Smith, David Hume, and Jean-Jacques Rousseau, had a profound impact on the philosophical underpinnings of the Constitution, particularly the concept of popular sovereignty and the will of the people. Locke, a prominent Enlightenment philosopher, argued that all men are naturally equal and free, and that a just civil society is founded on popular sovereignty through the consent of the governed. This idea of popular sovereignty, or the people's rule, asserts that political power resides with the entire populace of a community or state, rather than with any individual, group, or lineage.

The influence of Locke's ideas can be seen in the Declaration of Independence, which states that legitimate governments derive their power from the "consent of the governed." This principle of popular sovereignty is further reflected in the United States Constitution, particularly in its preamble, which begins with the words "We the people of the United States..." This phrase embodies the concept of popular sovereignty, indicating that the Constitution is established by and for the people of the United States.

Popular sovereignty is also manifested in the Constitution through the following ways:

• The involvement of the people, either directly or through their representatives, in the creation and ratification of the Constitution.
• The requirement for a majority vote or approval by representatives elected by the people for the ratification of the Constitution.
• The people's role in proposing and ratifying amendments to the Constitution.
• The election of members of Congress directly by the people, as outlined in Article I and the 17th Amendment.
• The provision for amending the Constitution through elected representatives of the people in Article V.
• The protection of popular sovereignty and prevention of government tyranny through the Tenth Amendment.

The American Founders, including Benjamin Franklin, embraced the principles of popular sovereignty and the will of the people, drawing inspiration from Enlightenment thinkers, the Bible, and ancient models of democracy in Greece and Rome. The recognition of popular sovereignty as a foundational principle of the United States set a standard for democratic governments worldwide, influencing the constitutions of other nations.

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Rule of Law and rational governance

The Age of Enlightenment, also known as the Age of Reason, spanned from the late 17th century to the end of the Napoleonic Wars in 1815. During this time, ideas of natural law, liberty, progress, constitutional government, and the separation of church and state emerged. The Enlightenment was marked by three political revolutions: the English Revolution (1688), the American Revolution (1775–1783), and the French Revolution (1789–1799). These revolutions laid the foundation for modern, republican, constitutional democracies.

The United States Constitution, which came into force in 1789, superseded the Articles of Confederation, the nation's first constitution. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). The Constitution's remaining articles (Articles IV, V, and VI) embody concepts of federalism, describing the rights and responsibilities of state governments, the states' relationship to the federal government, and the shared process of constitutional amendment.

The Enlightenment influenced the development of the United States Constitution, with European Enlightenment thinkers like Montesquieu, John Locke, Edward Coke, and William Blackstone shaping the ideas of unalienable rights, the separation of powers, and the structure of the Constitution. Additionally, the Iroquois Confederacy's political concepts and ideas may have influenced the Constitution, according to scholars Donald Grinde and Bruce Johansen.

The principle of "rule of law" is integral to the United States Constitution and was popularized in the 19th century by British jurist A. V. Dicey. The rule of law holds that a person is subject only to laws written by a legislature that apply to everyone and is not to be subjected to arbitrary or discretionary powers. This principle was also recognized by ancient thinkers like Aristotle, who wrote, "It is more proper that law should govern than any one of the citizens."

The American democratic system upholds the rule of law by ensuring that the majority does not interfere with certain fundamental principles. For example, the Bill of Rights protects freedoms such as religion, speech, equal treatment, and due process, which are considered so important that not even a majority should be allowed to change them without a Constitutional Amendment. The courts, particularly the Supreme Court, play a crucial role in maintaining the rule of law by hearing grievances from minority groups and interpreting the Constitution.

The Scottish Enlightenment and the advancement of personal liberties

The Enlightenment, also known as the Age of Reason, was a period stretching from the late 17th century to the end of the Napoleonic Wars in 1815. This era was marked by three political revolutions: the English Revolution (1688), the American Revolution (1775–1783), and the French Revolution (1789–1799). These revolutions laid the foundation for modern, republican, constitutional democracies. The Enlightenment was an era of exploration, individualism, and advancements in industry and politics.

The Scottish Enlightenment was a significant movement within the broader Enlightenment period. It was characterised by a thoroughgoing empiricism and practicality, with chief values centred around improvement, virtue, and practical benefit for individuals and society as a whole. The Scottish Enlightenment was not a single school of philosophical thought or a single intellectual movement, but rather a movement of ideas and the disputation of those ideas. It was a conjunction of minds, ideas, and publications in Scotland during the second half of the 18th century, extending over several decades on either side of that period. The epicenter of this movement was the city of Edinburgh, which became known as the "Athens of the North".

The Scottish Enlightenment was influenced by the highly literate culture of Scottish Presbyterianism and the extensive network of parish schools in the Lowlands. The thinkers of the Scottish Enlightenment included philosophers, historians, economists, and essayists such as David Hume, Adam Smith, Thomas Reid, Dugald Stewart, Joseph Black, James Boswell, Robert Burns, William Cullen, and Francis Hutcheson, among others. These thinkers emphasised the importance of human reason and rejected any authority that could not be justified by reason. They advanced fields such as philosophy, political economy, engineering, architecture, medicine, and law.

The Scottish Enlightenment had a significant impact on the advancement of personal liberties, particularly in the United States. Historian Herbert W. Schneider argued that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment". Benjamin Franklin, a disciple of Enlightenment principles, was influenced by David Hume's ideas about public officials not receiving a salary and the lower class being a better judge of character. Franklin proposed a clause to this effect at the Constitutional Convention in 1787. Additionally, Immanuel Kant's views on freedom of speech and religion were embodied in the First Amendment of the United States Constitution. The ideas of European Enlightenment thinkers like John Locke and Montesquieu also influenced the concepts of unalienable rights and the separation of powers in the US Constitution.

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