Isabella Carter
The Constitution of Virginia, drafted in 1776, has had a significant influence on other revolutionary governments and documents, including the United States Declaration of Independence and the United States Bill of Rights. The Virginia Declaration of Rights, which was drafted alongside the Constitution, outlined fundamental principles such as the inherent rights of individuals and the purpose of government. The Constitution of Virginia defines the powers of the state government and the rights of its citizens, and it is supreme over Virginia's laws and acts of government. The document was influenced by the political philosophies of Enlightenment thinkers such as John Locke and Montesquieu, who advocated for the consent of the governed and the separation of powers. The Constitution also addressed taxation, proposing a structure for the taxation of personal property in the state. The historical context of the time, including the ongoing tensions and debates around slavery, also played a role in shaping the Constitution of Virginia.
| Characteristics | Values |
|---|---|
| Basic rights of citizens | Life, liberty, and the pursuit of happiness |
| Separation of powers | The legislative and executive powers of the state should be separate from the judiciary |
| Taxation | All non-exempt real and personal property is subject to taxation at its fair market value |
| Influence on other documents | The Virginia Declaration of Rights influenced the U.S. Declaration of Independence and the U.S. Bill of Rights |
| Influence from other documents | The U.S. Constitution may supersede the Virginia Constitution |
| Influence on other governments | The 1776 Constitution influenced other revolutionary governments |
| Influence from other philosophies | Enlightenment philosophers such as Montesquieu and John Locke influenced the idea of separation of powers |
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What You'll Learn
The Virginia Declaration of Rights
Article 1 of the Virginia Declaration of Rights states:
> "All men are by nature equally free and independent, and have certain inherent rights of which... they cannot deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."
This statement was later echoed in the US Declaration of Independence, which famously proclaimed that "all men are created equal" and endowed with "unalienable rights," including "Life, Liberty and the pursuit of Happiness." The Virginia Declaration's influence extended beyond the US Declaration of Independence, as it also served as a model for the US Bill of Rights, which became a central pillar of American liberty and equality in the 20th century.
Articles 7–16 of the Virginia Declaration propose restrictions on the powers of the government, emphasizing the importance of consent from the people's representatives and establishing legal rights such as protection against cruel and unusual punishments, baseless search and seizure, and the right to a trial by an impartial jury. These articles reflect the Enlightenment ideals of the time, which emphasized individual freedoms and limited government intervention.
The Virginia Constitution of 1776, of which the Virginia Declaration of Rights was a part, significantly influenced other revolutionary governments. It addressed taxation, establishing that all non-exempt personal property is subject to taxation at its fair market value. The constitution also defined and limited the powers of the state government while outlining the basic rights of the citizens of the Commonwealth of Virginia.
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The US Declaration of Independence
The Virginia Declaration of Rights, authored by Mason, served as a blueprint for the US Declaration of Independence and the subsequent US Bill of Rights. It emphasised the inherent equality of all men and their unalienable rights to life, liberty, and the pursuit of happiness. This notion of equality and individual rights was a core principle that shaped the US Declaration of Independence.
Additionally, some scholars argue that the political concepts and ideas of the Iroquois Confederacy influenced the US Constitution. This "Iroquois thesis" suggests that the Confederacy's structure and principles had a notable impact on the nation's founding documents. However, the extent of this influence is debated among historians, with some questioning the direct connection.
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The US Constitution
Additionally, the US Constitution was influenced by the democratic practices of Native American nations, particularly the Iroquois Confederacy. The Iroquois Confederacy provided a real-life example of the political concepts the framers of the US Constitution were interested in adopting, such as a multi-state government with individual governance. This influence was recognised by Congress in a 1988 resolution, which also reaffirmed the government-to-government relationship between Native tribes and the United States.
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The Bill of Rights
The United States Constitution, of which the Bill of Rights is a part, has been a notable model for governance worldwide. The Virginia Constitution, adopted on June 29, 1776, was no exception, as it influenced the US Constitution and Bill of Rights.
The Virginia Constitution was enacted at the time of the Declaration of Independence, formally dissolving Virginia's allegiance to the British Crown and accusing King George III of tyranny. It created a bicameral legislature, the General Assembly, and established a weak executive branch with an annually elected governor. The accompanying Virginia Declaration of Rights, drafted by Mason, outlined core political principles, including the inherent rights of individuals and the fundamental purpose of government.
The Virginia Declaration of Rights, which was later incorporated into the Virginia State Constitution, influenced the US Declaration of Independence and served as a model for the US Bill of Rights. The Virginia Declaration proclaimed the inherent rights of men, including the right to reform or abolish "inadequate" government. It also included proposals to restrict the powers of the government, declaring that the government should not have the power to suspend or execute laws without the consent of the people's representatives. It established legal rights, such as the right to a speedy trial by an impartial jury, protections against cruel and unusual punishments, freedom of the press, and freedom of religion.
The US Bill of Rights, influenced by the Virginia Declaration, became a document that defends the majority of the people against an overreaching federal government and minorities against overreaching state governments. It draws on Enlightenment philosophy, particularly John Locke's theories of natural rights, emphasizing legislative supremacy and the separation of powers.
The US Constitution, of which the Bill of Rights is a part, was also influenced by the study of the Magna Carta and other federations, both ancient and modern. The Due Process Clause, for example, was partly based on common law and the Magna Carta, which became the foundation of English liberty against arbitrary power. The idea of the separation of powers was inspired by eighteenth-century Enlightenment philosophers such as Montesquieu and John Locke.
Additionally, some scholars argue that Iroquois Confederacy political concepts and ideas influenced the US Constitution, although this theory has been questioned and criticized by other historians and anthropologists.
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The influence of philosophers
The Constitution of Virginia, adopted on June 29, 1776, was influenced by the ideas of several Enlightenment philosophers. The document, which formally dissolved Virginia's allegiance to the British Crown, was drafted by George Mason, with contributions from James Madison and Thomas Jefferson.
One of the key philosophical influences on the Virginia Constitution was John Locke's theory of natural rights. Locke, an English philosopher, argued that individuals have inherent rights that cannot be taken away by a government or ruler. This idea of natural rights is evident in the Virginia Declaration of Rights, which was drafted by Mason and accompanied the Constitution. The Declaration of Rights outlined the core political principles, including the inherent rights of individuals and the fundamental purpose of government. It stated that "all men are by nature equally free and independent, and have certain inherent rights". This language is clearly reflective of Locke's influence.
Another Enlightenment philosopher who influenced the Virginia Constitution was Montesquieu. Montesquieu's ideas on the separation of powers informed the structure of the Virginia government. The Constitution created a bicameral legislature, the General Assembly, and a weak executive branch, with a governor elected annually by the legislature. This separation of powers was intended to prevent the concentration of power in a single branch of government and to protect the rights and liberties of the people.
The Scottish Enlightenment also had an impact on the Virginia Constitution, particularly through the work of philosopher David Hume. The Scottish Enlightenment emphasized the importance of individual liberty and the role of government in protecting those liberties. This influence can be seen in the Virginia Declaration of Rights, which stated that the government's purpose was to secure the inherent rights of individuals.
In addition to these philosophers, the ideas of Edward Coke and William Blackstone may have also influenced the Virginia Constitution. Coke, an English jurist, is known for his contributions to the development of common law and the concept of due process. Blackstone, an English lawyer and jurist, wrote extensively on the principles of English common law and how they could be applied in a constitutional context. While the specific influence of Coke and Blackstone on the Virginia Constitution is not as clear as that of Locke or Montesquieu, their ideas were certainly in the intellectual mix during the Enlightenment and may have informed the thinking of the drafters of the Constitution.
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Frequently asked questions
The Virginia Constitution was influenced by the Virginia Declaration of Rights, drafted in 1776, which proclaimed the inherent rights of men, including the right to reform or abolish "inadequate" government. The Virginia Declaration of Rights was drafted by George Mason and influenced the U.S. Declaration of Independence and the U.S. Bill of Rights.
The Virginia Constitution was also influenced by the Magna Carta, the Enlightenment philosophy of John Locke, and the political concepts and ideas of the Iroquois Confederacy.
The Virginia Constitution of 1776 significantly influenced other revolutionary governments, and has been described as a blueprint for state-building. It is also considered to have influenced the U.S. Constitution, which itself has influenced many other constitutions around the world.
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