Eleanor Finch
The U.S. Constitution, signed in 1787, is composed of a preamble, seven articles, and 27 amendments. The Constitution's main roots can be traced back to ancient Athens, the European Enlightenment, and Native American political entities. While European thought had an influence on the Constitution, the Founding Fathers were also familiar with Native American systems of government, some having negotiated treaties or engaged in diplomatic relations with them. The Iroquois Confederacy, for example, is said to have influenced the U.S. Constitution with its ideas of separating military and civil leadership, guarding personal freedoms, and including democratic policies. These roots contributed to the development of democratic political theories and principles that shaped the U.S. Constitution.
| Characteristics | Values |
|---|---|
| Influenced by ancient Athenian democracy | Athenian democracy |
| Influenced by European Enlightenment | European Enlightenment |
| Influenced by Native American political concepts and ideas | Iroquois Confederacy, Shawnee, Cherokee |
| Written constitution | |
| Composed of a preamble, seven articles, and 27 amendments | |
| First 10 amendments are the Bill of Rights | |
| Defines the basic framework of the federal government | |
| Establishes the legislative branch of the federal government | Congress, Senate, House of Representatives |
| Establishes manner of election and qualifications of members | Representatives must be at least 25 years old, US citizens for 7 years, and live in the state they represent |
| Establishes the judiciary | Six Supreme Court justices (1789), increased to 10 (1863) |
| Justiciability determined by doctrines of standing, real and substantial interests, adversity, and avoidance of political questions | |
| Judicial review | |
| Separation of powers |
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What You'll Learn
Influence of Native American political entities
The US Constitution, signed on September 17, 1787, has its roots in various ancient and modern political philosophies. While schools often attribute its intellectual lineage to ancient Athens and the European Enlightenment, several scholars argue that the ideas of tribal political entities, specifically Native American nations, also influenced the US Constitution.
Robert Miller, a legal scholar, tribal court judge, and citizen of the Eastern Shawnee Tribe of Oklahoma, asserts that the Founding Fathers who signed the Constitution were familiar with Native nations, with some having negotiated treaties or engaged in diplomatic relations with them. Benjamin Franklin, for instance, was closely involved in negotiating and printing treaties with Native nations, including the Iroquois Confederacy, and studied their systems of governance.
The Iroquois Confederacy, which consisted of the Mohawks, the Onondaga, the Cayuga, the Oneida, the Seneca, and later the Tuscarora nation, formed a multi-state government while maintaining their own individual governance. This stacked-government model influenced the constitutional framers' thinking, as it provided a real-life example of the political concepts they were interested in adopting.
Eighteenth-century tribal governments across what is now the US had a variety of government models, some relatively complex and others more straightforward. The Iroquois, Shawnee, Cherokee, and other political formations generally separated military and civil leadership, guarded certain personal freedoms, including freedom of religion, and included somewhat democratic policies for referendums, vetoes, and recalls. Most of these Native American political entities also gave women a significant role in government, something that was lacking in the original US Constitution.
While the US Constitution was influenced by Native American political entities, it also served to exclude Native Americans and limit their access to political power. The Constitution's democratic ideals did not extend to all people within the United States, and racialized and gendered exclusion became entrenched in constitutional law, leading to Native dispossession and the suppression of Native voices.
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The US Constitution's intellectual lineage
The US Constitution has a diverse intellectual lineage, with several historical and philosophical influences. Schools often teach that the Constitution's intellectual lineage stems from ancient Athens, through the European Enlightenment. However, legal scholar Robert Miller, a citizen of the Eastern Shawnee Tribe of Oklahoma, argues that Native American political entities also played a significant role in influencing the ideas of the Founding Fathers. Many of the Founding Fathers had deep familiarity with Native nations, with some, like Benjamin Franklin, closely involved in negotiating and studying their systems of governance.
The Iroquois, Shawnee, Cherokee, and other political formations had certain characteristics that may have influenced the Constitution. These include the separation of military and civil leadership, the protection of certain personal freedoms, including freedom of religion, and the inclusion of democratic policies for referendums, vetoes, and recalls. Additionally, most of these political formations gave women a significant role in government, although this aspect did not make its way into the US Constitution for over a century.
The experience of the United States under the Articles of Confederation also played a crucial role in shaping the Constitution. The Articles aimed to retain states' independence and sovereignty while assigning only nationally important functions to the central government. However, the central government's inability to act during crises like Shays's Rebellion (1786-87) in Massachusetts highlighted the shortcomings of the Articles. The writers of the Constitution intended to create a system of checks and balances, with Congress as part of this system, to address these issues.
The need for a strong central government was further emphasised by incidents like the insurrection put down by state troops, which caused wealthy Americans to fear anarchy. James Madison, for instance, advocated for a strong central government to provide order and stability while maintaining state power when "subordinately useful." The Constitutional Convention, which included delegates from the South threatening to abandon the union if their demands regarding slavery were not met, resulted in the Great Compromise, creating a bicameral legislature with a Senate and a House of Representatives.
The US Constitution, composed of the Preamble, seven articles, and 27 amendments, was signed on September 17, 1787, by 39 delegates. The first 10 amendments, known as the Bill of Rights, were added due to the demands of the anti-Federalists and to ensure acceptance of the Constitution by the states. Alexander Hamilton, John Jay, and James Madison published a series of essays, later collected as The Federalist, defending the Constitution and contributing to its intellectual foundation.
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The US Constitution's democratic principles
The US Constitution is often called the "supreme law of the land", and it is the foundation of the Federal Government. The Constitution established a Federal democratic republic, a system where the people govern themselves, and the government's power is derived from the people. The US Constitution is considered a "living" document because it can be amended; in over 200 years, there have been 27 amendments.
The Constitution is divided into three parts. The first part, the Preamble, describes the purpose of the document and the Federal Government. The second part, the seven Articles, establishes the structure of the government and how the Constitution can be changed. The first three articles establish the three branches of government and their powers: the Legislative (Congress), Executive (Office of the President), and Judicial (Federal Court System). A system of checks and balances prevents any one of these separate powers from becoming dominant. The final part, the Amendments, lists changes to the Constitution; the first ten are called the Bill of Rights.
The US Constitution embodies democratic principles through the election of representatives who influence legislation and governance. This is a form of representative democracy, where the representatives are subject to the law and are elected by the people to execute their duties under the constraints of the Constitution. The US Constitution does not embody a pure form of democracy, where laws and policies are directly decreed by citizen vote. Instead, it operates as a constitutional republic, where representatives are elected by the people and are subject to the rule of law. This form of government combines representative democracy with foundational laws that protect individual rights and minority opinions against the potential tyranny of the majority.
The US Constitution was influenced by the political concepts and ideas of the Iroquois Confederacy, as well as ancient models of government from Greece and Rome. The framers of the Constitution sought to create a form of government that was compatible with the egalitarian character of the American people, and that combined democratic principles with the stability of a constitutional republic.
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The US Constitution's federal structure
The US Constitution, signed on September 17, 1787, is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The seven articles define the basic framework of the federal government.
Article I describes the Congress, the legislative branch of the federal government. It establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent.
Article II describes the Executive Branch, which consists of the President and Vice President of the United States. It outlines the process for electing the President and Vice President, as well as the qualifications for holding these offices.
Article III establishes the Judicial Branch, which includes the Supreme Court and lower federal courts. It outlines the powers and jurisdiction of the federal judiciary and establishes the role of the Supreme Court in interpreting the Constitution.
Article IV focuses on the relationship between the states and the federal government. It includes provisions for admitting new states to the Union, establishing state governments, and protecting the rights of citizens in different states.
Article V outlines the process for amending the Constitution, allowing for changes and updates to be made over time.
Article VI establishes the supremacy of the Constitution as the supreme law of the land, and requires all federal and state officials to take an oath to support it.
Article VII outlines the process for ratifying the Constitution, including the number of states required for ratification and the role of state conventions in this process.
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The US Constitution's legislative branch
The US Constitution is composed of a preamble, seven articles, and 27 amendments, with the first 10 known as the Bill of Rights. The Constitution divides the federal government into three branches: legislative, executive, and judicial.
The legislative branch, also known as Congress, consists of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the several states, and the electors in each state must have the qualifications requisite for electors of the most numerous branch of the state legislature.
The legislative branch has exclusive legislation in all cases over a district not exceeding ten miles square, which may become the seat of the US government. This district must be formed by the cession of particular states and the acceptance of Congress. The legislative branch also has the authority to make all laws necessary and proper for executing the powers vested by the Constitution in the US government, or in any department or officer thereof.
The legislative branch has the power to prescribe the times, places, and manner of holding elections for senators and representatives, although Congress may at any time alter such regulations by law, except as to the places of choosing senators. Congress must assemble at least once a year, and each house is the judge of the elections, returns, and qualifications of its members. A majority of each house constitutes a quorum to do business, but a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members.
The legislative branch's powers are limited by the Constitution, creating a bicameral legislature with checks in the other branches.
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Frequently asked questions
The US Constitution has roots in ancient Athenian democracy, the European Enlightenment, and the political systems of Native American tribes. The Founding Fathers were influenced by democratic political theories and principles that were not widely practised in Europe at the time.
The Iroquois, Shawnee, and Cherokee political formations influenced the US Constitution. These formations separated military and civil leadership, guarded personal freedoms, and included democratic policies for referendums, vetoes, and recalls. Most also gave women a large role in government.
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The seven articles define the basic framework of the federal government, including the legislative branch (Congress), the manner of election, and the qualifications of members.
