Jonah Patel
The authors of the U.S. Constitution were influenced by a variety of sources, including the study of the Magna Carta, ancient and extant federations, and the writings of Enlightenment philosophers such as Montesquieu, Locke, Edward Coke, and William Blackstone. The English Bill of Rights (1689) also inspired the American Bill of Rights, with both documents requiring jury trials, protecting the right to keep and bear arms, prohibiting excessive bail, and forbidding cruel and unusual punishments. The authors of the U.S. Constitution were also influenced by their own experiences and concerns about the weaknesses of the Articles of Confederation, which gave the Confederation Congress limited powers and threatened to tear the country apart. The final draft of the Constitution was distilled from 23 approved articles by a Committee of Style and Arrangement, and it was signed by 38 delegates on September 17, 1787.
| Characteristics | Values |
|---|---|
| Date written | 1787 |
| Location written | Philadelphia |
| Building written | Assembly Room of the Pennsylvania State House |
| Other names | Philadelphia Convention, Constitutional Convention |
| Date signed | September 17, 1787 |
| Number of delegates who signed | 38 |
| Total number of signatures | 39 |
| Number of states that needed to ratify | 9 |
| Date the 9th state ratified | June 21, 1788 |
| Date the new government was enacted | March 4, 1789 |
| Number of pages | 5 |
| Written by | Jacob Shallus |
| Authors | James Madison, Alexander Hamilton, George Washington, Benjamin Franklin, James Wilson, George Mason, John Dickinson, and others |
| Influences | Magna Carta, federations, English Bill of Rights, Enlightenment philosophers (e.g., Montesquieu, John Locke, Edward Coke, William Blackstone), Scottish Enlightenment, Virginia Declaration of Rights |
| Purpose | To replace the Articles of Confederation, which were believed to have created a weak and ineffective central government, and to prevent the young country from collapsing |
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What You'll Learn
Influence of the Magna Carta
The US Constitution was influenced by the study of the Magna Carta, ancient and extant federations, and the work of philosophers such as Montesquieu, Locke, Edward Coke, and William Blackstone. The Due Process Clause of the US Constitution, for instance, was partly based on the common law and the Magna Carta, which became the foundation of English liberty against arbitrary power.
The 13th-century Magna Carta inspired the Founding Fathers as they wrote the documents that would shape the nation. The Founding Fathers' reverence for the Magna Carta was influenced by what they believed it signified—an ancient pact that safeguarded individual liberty. The political thought that grew from the Magna Carta was foundational to the Declaration of Independence and the US Constitution.
The moral and political premise of the Magna Carta, that the people can assert their rights against an oppressive ruler and that the power of the government can be limited to protect those rights, was central to the US Constitution. The phrase "by the law of the land" used in all American documents before the Constitution, was derived from the Magna Carta. The Fifth Amendment, which guarantees that no person shall be deprived of life, liberty, or property without due process of law, is also a concept that comes from the Magna Carta. The Sixth Amendment, which guarantees a speedy trial, is also founded in the political thought that grew from the Magna Carta. The "privilege of the writ of habeas corpus" in Article 1, Section 9, is another concept that grew from the Magna Carta.
The amendments to the Constitution that Congress proposed in 1791 were strongly influenced by state declarations of rights, particularly the Virginia Declaration of Rights of 1776, which incorporated protections from the English Bill of Rights and the Magna Carta. Amendments five through seven set ground rules for a speedy and fair jury trial, and the Eighth Amendment, which prohibits excessive bail and fines, can be traced back to the 20th clause of the Magna Carta.
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Montesquieu's influence
The authors of the US Constitution were influenced by a variety of sources, including the Magna Carta and other federations, both ancient and modern. The Due Process Clause of the Constitution, for example, was partly based on common law and the Magna Carta, which had become a cornerstone of English freedom against the arbitrary authority of a ruler.
The idea of the separation of powers in the Constitution was largely inspired by Enlightenment philosophers of the 18th century, including Montesquieu and John Locke. Montesquieu's influence on the US Constitution is particularly evident in the area of checks and balances. Montesquieu emphasised the need for balanced forces to push against each other to prevent tyranny, reflecting the influence of Polybius's 2nd-century BC treatise on the checks and balances of the Roman Republic.
In his work "The Spirit of Law", Montesquieu argued that the separation of state powers should be based on service to the liberty of the people: legislative, executive, and judicial. He also emphasised that the concept of separation aimed to distribute authority evenly among the various branches of government. The English Bill of Rights of 1689, which was influenced by Montesquieu, served as an inspiration for the American Bill of Rights. Both documents guarantee the right to a jury trial, the right to keep and bear arms, prohibit excessive bail, and forbid "cruel and unusual punishments".
The political philosophers most frequently referenced before and during the drafting and signing of the Constitution included Montesquieu, along with Locke, Edward Coke, and William Blackstone. According to historian Herbert W. Schneider, the Scottish Enlightenment was likely the most influential tradition in the American Enlightenment, which promoted individual freedoms.
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John Locke's influence
John Locke was a key Enlightenment figure and one of the most influential political philosophers of the modern era. His ideas significantly influenced the American Constitution, particularly in the following ways:
Separation of Powers
Locke advocated for the separation of powers as a mechanism to prevent tyranny. He believed that consolidating legislative, executive, and judiciary powers in a single entity would lead to oppression and despotism. This philosophy profoundly influenced the framers of the United States Constitution, who established a tripartite system of government with three co-equal branches: the legislative, executive, and judicial branches. Each branch holds powers that can counteract the others, ensuring accountability and transparency.
Natural Rights
Locke's philosophy centred on natural rights: life, liberty, and property. He argued that these rights were inherent and unalienable, requiring protection by governments. Locke's concept emphasized that everyone was born into a state of perfect freedom and equality, with no one inherently superior or inferior. The framers of the American Constitution incorporated these ideas, reflecting them in the structure of the Constitution and the Declaration of Independence.
Social Contract
Locke's views on the social contract also influenced the Constitution. He believed that governments were formed through the consent of the governed, establishing their legitimacy and binding them to serve the people. If a government failed to protect natural rights or became oppressive, Locke asserted that people had the right to revolt. This idea of the right to revolution forms the basis of the American constitutional framework's resilience, conveying that governance must remain just and protective of individual liberties.
Checks and Balances
Locke's contention that legitimate governance required transparency and accountability influenced the Constitutional framers to embed checks and balances within the government structure. They recognized that future generations must have the ability to alter their governing contract, as reflected in the inclusion of mechanisms for amendments.
Religious Toleration
Locke's defence of religious toleration significantly influenced the framers of the Constitution, particularly in the First Amendment. In his "Letter Concerning Toleration," Locke argued for separating church and state, asserting that the government should not impose religious practices or dictate beliefs. He contended that faith arises from internal conviction and free choice, not coercion.
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The English Bill of Rights
The Bill of Rights gave Parliament power over the monarchy, limiting the power of the monarch and bolstering the rights and liberties of individual citizens. It was largely based on the ideas of political theorist John Locke, who proposed that the role of the government is to protect its citizens' natural rights. The Bill set out a constitutional requirement for the Crown to seek the consent of the people as represented in Parliament. It also established the rights of Parliament, including regular parliaments, free elections, and parliamentary privilege.
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The Scottish Enlightenment
The Enlightenment culture in Scotland was based on close readings of new books and intense discussions that took place in intellectual gathering places such as The Select Society, The Poker Club, and within Scotland's ancient universities. The thinkers of the Scottish Enlightenment emphasised the importance of human reason and rejected any authority that could not be justified by reason. This movement was influenced by the highly literate culture of Scottish Presbyterianism and the humanist and rational outlook of the Western Enlightenment.
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Frequently asked questions
The US Constitution was written by 38 delegates, including George Washington, James Madison, Alexander Hamilton, Benjamin Franklin, and George Mason.
Yes, the authors were influenced by the Magna Carta, the English Bill of Rights, the Virginia Declaration of Rights, and the philosophies of Montesquieu, Locke, Edward Coke, Hume, and William Blackstone.
The Constitution set out a federal system of government with three branches: the legislative, executive, and judicial. It also established a system of checks and balances to prevent any one branch from having too much power and divided power between the states and the federal government.
The Constitution was ratified by 9 of the 13 states, bypassing the state legislatures and calling for special ratifying conventions in each state. It came into effect on March 4, 1789.
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