Constitution's Roots: A Historical Perspective

The ideas for the US Constitution came from a variety of sources, including the study of the Magna Carta, other federations, and the English Bill of Rights. The political philosophies of Enlightenment thinkers such as Hume, Locke, Montesquieu, Blackstone, and Coke also played a significant role in shaping the Constitution. The document was also influenced by the desire to create a stronger national government and address the weaknesses of the Articles of Confederation, which had left most of the power with state governments and lacked enforcement powers. The delegates who crafted the Constitution represented diverse interests and views, and their compromises resulted in a powerful central government. The Constitution was signed on September 17, 1787, and ratified by the required number of states, becoming the supreme law of the land.

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Enlightenment philosophers

The ideas of several Enlightenment philosophers influenced the US Constitution. These included Montesquieu, John Locke, Edward Coke, William Blackstone, Hume, and Jean-Jacques Rousseau.

Montesquieu's principle of the separation of powers was embedded within the Constitution. This principle, outlined in Montesquieu's "The Spirit of Law", maintains that the separation of state powers should be by its service to the people's liberty: legislative, executive, and judicial. This system of checks and balances prevents the concentration of power in a single branch of government, promoting accountability and transparency. It also ensures that power is shared and moderated, guarding against tyranny and fostering a balanced, fair, and just government.

Locke's philosophy of natural rights also had a significant influence on the Constitution. Locke posited that all individuals inherently possess certain rights, such as life, liberty, and property, which are not granted by governments but are inherent to human existence. The role of the government, according to Locke, is to protect these rights. The Fifth and Fourteenth Amendments to the Constitution introduced the concept of due process, safeguarding these natural rights.

The social contract, an idea advocated by Rousseau, is also reflected in the Constitution. Rousseau proposed that the legitimacy of any government is rooted in the consent of the governed. This concept aligns with the Enlightenment ideal of popular sovereignty, which asserts that ultimate power rests not with a monarch or an elite group but with the people themselves.

Other Enlightenment ideals that influenced the Constitution include the advancement of personal liberties and the protection of individual freedoms. The First Amendment, for example, prohibits Congress from obstructing the exercise of certain individual freedoms, such as freedom of religion, speech, and assembly.

John Locke

Locke's most notable works include "A Letter Concerning Toleration" (1689), "An Essay Concerning Human Understanding" (1689), and "Two Treatises on Government" (1690). In "An Essay Concerning Human Understanding," Locke developed his theory of ideas and human knowledge, arguing against the existence of innate ideas. Instead, he proposed that human ideas are derived from sensation, observation, and reflection.

Locke's "Two Treatises on Government" is particularly significant in the context of the U.S. Constitution. In this work, Locke presented a theory of political authority grounded in natural individual rights, freedoms, and the consent of the governed. He refuted the notion of the divine right of kings, emphasizing that all individuals are inherently endowed with natural rights. Locke's treatise taught the founding generation about the social contract, natural rights, and the right of revolution.

Locke's concept of an "appeal to heaven" is also noteworthy. He assumed that when people transition from a state of nature to a state of perfect freedom, they establish a government with a constitution that delineates the distribution of powers. Locke believed that these powers should be exercised to protect the rights of the people and promote the public good. If the government fails to fulfil its obligations, Locke suggested that the people could take back their original authority and overthrow the government.

Locke's influence extended to the American colonies, as evidenced by his involvement in revising the Fundamental Constitutions of Carolina. His theory of labour and property rights regarding Native Americans has been a subject of discussion among authors. Locke's ideas on the separation of powers and his impact on Enlightenment rationalism further underscore his significant contribution to the philosophical and ideological foundations of the U.S. Constitution.

Thomas Hobbes

Hobbes' philosophy regarding the Social Compact and unlimited government influenced the Founding Fathers in establishing America's government. Hobbes' "Leviathan" state comes into being when its individual members renounce their powers to execute the laws of nature and turn these powers over to a sovereign, which is created as a result of this act. Hobbes supported the idea of one strong leader with a lot of power, and his model of government was that of an absolute monarchy.

The Founding Fathers, however, rejected Hobbes' argument that the government should have absolute power over its subjects. They were wary of centralized power and loyal to their states, so they created a powerful central government. The US Constitution, therefore, did not adopt Hobbes' model of an absolute monarchy with a singular sovereign. Instead, it embraced the idea of separation of powers, influenced by Enlightenment philosophers such as Montesquieu and Locke, who were critics of Hobbes.

Hobbes' main contribution to constitutionalism lies in his radical rationalism. His ideas on the social contract, rights, and government laid the theoretical foundations of modern constitutionalism, along with the works of John Locke in the 17th century and Jean-Jacques Rousseau in the 18th century.

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Montesquieu

Charles-Louis de Secondat, Baron de La Brède et de Montesquieu, was a well-known French philosopher in the early 1800s. Montesquieu's work, along with that of other Enlightenment philosophers, had a significant influence on the US Constitution. Montesquieu's most notable contribution to the Constitution was his idea of the separation of powers. In his work, "The Spirit of Law", Montesquieu argued that the separation of state powers should be by its service to the people's liberty: legislative, executive, and judicial. He emphasized that the purpose of separation was to ensure an even distribution of authority among the different branches of government.

The Founding Fathers, who were wary of centralized power, drew heavily on Montesquieu's ideas when drafting the Constitution. They aimed to create a powerful central government while also protecting individual liberties. Montesquieu's influence can be seen in the Constitution's Due Process Clause, which was partly based on common law and the Magna Carta, a document that had become a foundation of English liberty against arbitrary power.

In addition to his influence on the separation of powers, Montesquieu's thoughts on liberty and limited government also impacted the Bill of Rights. The English Bill of Rights (1689), which Montesquieu likely studied, served as an inspiration for the American Bill of Rights. Both documents share similarities, including the right to keep and bear arms, the prohibition of excessive bail, and the forbiddance of "cruel and unusual punishments." Montesquieu's philosophy helped shape the protections of individual liberties that are enshrined in the US Constitution.

Magna Carta

The Founding Fathers of the United States took inspiration from the Magna Carta when drafting the nation's founding documents, including the Constitution. The ideas and principles of the Magna Carta influenced the political thought of 18th-century thinkers like Benjamin Franklin and Thomas Jefferson, who saw it as a symbol of liberty and the natural rights of man against unjust governments.

The Magna Carta, or "Great Charter," was established in 1215 between King John and his feudal barons. While it was originally intended to protect the rights of the barons, it laid the foundation for the concept of limited government power and individual rights. By the 17th and 18th centuries, those advocating for reforms and greater individual rights used the Magna Carta as a foundation. This thinking is reflected in the United States Constitution, particularly in the limitations placed on governmental power and the protection of individual rights.

The Magna Carta introduced several legal concepts that later appeared in the US Constitution. For example, the Fifth Amendment, which guarantees that "no person shall be deprived of life, liberty, or property, without due process of law," is rooted in the Magna Carta's establishment of the right of "due process" of law. The idea that no legal action can be taken without the "lawful judgement of one's equals," or the right to a trial by a jury, is also present in both documents. Additionally, the Magna Carta's protection against excessive fines and punishments is reflected in the Eighth Amendment's prohibition of cruel and unusual punishments.

The Founding Fathers' reverence for the Magna Carta was driven by its representation of an ancient pact safeguarding individual liberty. They sought to create a Magna Carta for a new era, one that would protect the newly formed democracy from foreign influence. The influence of the Magna Carta can be seen in the state constitutions and the Bill of Rights, which protect individual rights and liberties, such as freedom of religion, freedom of the press, and protection from loss of life, liberty, or property without due process of law.

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