Jonah Patel
Constitutions are a set of rules and principles that define the nature and extent of government. They are influenced by various factors, including historical context, philosophical ideas, and the desire to protect individual liberties and rights. The constitutions of different countries may share similarities in their structure and content and historical influences. For example, the US Constitution, which is one of the longest-lived and most emulated constitutions in the world, was influenced by the Magna Carta and Enlightenment philosophers such as Locke and Montesquieu. It includes an introductory paragraph, a list of articles defining the government's framework, an endorsement with signatures, and amendments. Other countries like the UK, Canada, and New Zealand have older constitutional provisions still in force. The average life of a newly written constitution is around 19 years, with some lasting centuries and others less than a year.
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What You'll Learn
Inspired by the Magna Carta
The US Constitution, created in 1787, has served as a model for many other constitutions. It was influenced by the study of the Magna Carta, other federations, and the philosophies of Enlightenment thinkers such as Montesquieu, John Locke, Edward Coke, and William Blackstone. The Due Process Clause, for instance, was partly based on the Magna Carta and common law. The idea of the Separation of Powers was inspired by the aforementioned Enlightenment philosophers.
The Founding Fathers, including Benjamin Franklin and Thomas Jefferson, were influenced by the Magna Carta as they wrote the Declaration of Independence, the Constitution, and the Bill of Rights. They saw the Magna Carta as a symbol of liberty and the natural rights of man against an oppressive ruler. The colonists sought the preservation of their self-government, freedom from taxation without representation, the right to a trial by a jury of their countrymen, and their enjoyment of "life, liberty, and property" free from arbitrary interference from the crown.
The influence of the Magna Carta was also felt at the Philadelphia Constitutional Convention in 1787, where the principles of due process and individual liberty were enshrined into law. The Bill of Rights, the first 10 amendments to the Constitution, was ratified by the states in 1791. Amendments five through seven set ground rules for a speedy and fair jury trial, and the Eighth Amendment prohibits excessive bail and fines, which can be traced back to the 20th clause of the Magna Carta.
The constitutions of newly independent states in America, such as North Carolina, included provisions that protected individual rights from state actions. These included freedom of religion, freedom of the press, prohibition of excessive bail or fines, right to a jury trial, and protection from loss of life, liberty, or property without due process of law. These rights were often expressed using the language of the Magna Carta.
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Influenced by ancient and modern federations
The US Constitution was influenced by a variety of ancient and modern federations. The US Constitution was a federal constitution that was influenced by the study of the Magna Carta and other federations. The Due Process Clause of the Constitution, for example, was partly based on the Magna Carta, which had become a 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. The influence of Montesquieu, Locke, Edward Coke, and William Blackstone was evident at the Constitutional Convention.
The US Constitution also drew on the literature of republicanism in the United States, as demonstrated by the works of John Adams, who often quoted Blackstone and Montesquieu verbatim and applied them to the creation of state constitutions. The ideas of unalienable rights, the separation of powers, and the structure of the Constitution were largely influenced by European Enlightenment thinkers. The US Constitution was also influenced by the Scottish Enlightenment, which historian Herbert W. Schneider argued was "probably the most potent single tradition in the American Enlightenment" in terms of the advancement of personal liberties.
The US Constitution's federal structure was influenced by ancient and modern federations. The Austrian Empire, for example, was a unitary state that transformed into the Austria-Hungary monarchy, with the remaining crown lands becoming federated as Länder of the Republic of Austria through its constitution. Germany and Nigeria are also examples of federations with multiple states or Länder. Several ancient chiefdoms and kingdoms, such as the 4th-century BCE League of Corinth, Noricum in Central Europe, and the Iroquois Confederacy in pre-Columbian North America, could be described as federations or confederations.
The US Constitution's global influence has been profound, particularly in the 19th and 20th centuries when many nations were transitioning to self-governance and developing their own constitutions. The US Constitution has influenced the constitutions of other nations, including in Latin America, where nationalists such as Jose Rizal of the Philippines and Sun Yat-sen of China drew inspiration from it in their calls for political reform. The US Constitution's principles of republicanism and democracy influenced President Benito Juarez of Mexico, who implemented practices like judicial review when introducing more liberal policies into the Mexican constitution.
The US Constitution also influenced the development of courts, the separation of powers, and the definition of powers of the executive branch in African nations during the self-rule movements of the 1950s and 1960s. While the British model of government was a significant influence, the US Constitution provided additional inspiration for these emerging nations. The US Constitution's impact on legal thinking and adaptation in emerging nations has been significant, with its ideas of checks and balances, separation of powers, and representative government leaving a lasting legacy.
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Emphasise 'We the People'
The phrase "We the People" is an important concept in the history of constitutions, specifically in the United States Constitution. The opening words of the US Constitution's introductory paragraph, or preamble, are "We the People of the United States", and they represent a novel idea: that the people, not the states, are the source of the government's legitimacy. This idea of popular sovereignty, where the people are the originators of political power, was not a new concept, but its inclusion in a constitution was.
The US Constitution, created in 1787, was influenced by the study of the Magna Carta and other federations, both ancient and modern. The Magna Carta, or "Great Charter", was a foundational document in English liberty, establishing that the king was not above the law and guaranteeing certain rights and liberties to the people. The social contract, initially between the king and the nobility, was eventually extended to all of the people, leading to the system of constitutional monarchy. The US Constitution's Due Process Clause, which protects against arbitrary power, was partly based on the Magna Carta's principles.
The inclusion of "We the People" in the US Constitution emphasised the power of the citizenry in establishing and ordaining a new government. This was a significant shift from the country's first constitution, the Articles of Confederation, which gave the Confederation Congress rule-making and funding powers but lacked enforcement powers and the ability to regulate commerce or print money. The concerns about the limitations of the Articles of Confederation, along with disputes among the states, led to the creation of a new constitution.
The US Constitution's emphasis on "We the People" also reflected the desire to create a powerful central government while bypassing state legislatures during the ratification process. The founders believed that state legislatures would be reluctant to cede power to a national government, so they called for special ratifying conventions in each state. This approach ensured that the new constitution would be more likely to be ratified, and it represented a tactical victory for the nationalists, who wanted to bring the issue before "the people".
The influence of the US Constitution's "We the People" phrase has been significant, with other countries adopting similar provisions in their constitutions. For example, the Corsican Constitution of 1755, although short-lived, was drafted by Pasquale Paoli and inspired many American patriots. The UK, Canada, New Zealand, and other Commonwealth countries also have constitutional provisions, such as the Bill of Rights 1689, that are older than the US Constitution and still in force today.
While the US Constitution has been influential, its impact has waned in recent decades as other countries have created new constitutions or updated older ones. Additionally, the US Constitution has faced criticisms, including its failure to originally define who was eligible to vote, its lack of protection against slavery, and its lack of a bill of rights. Despite these criticisms and the challenges of amending it, the US Constitution remains one of the longest-lived and most emulated constitutions in the world.
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Ratified by conventions of the people
The United States Constitution was ratified by state conventions, with Pennsylvania being the first state to do so in December 1787. The Constitution was drafted in the same year, with General George Washington unanimously elected as president of the Philadelphia convention.
The Constitution was 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 had become a foundation of English liberty against arbitrary power. The idea of Separation of Powers in the Constitution was inspired by eighteenth-century Enlightenment philosophers such as Montesquieu and John Locke.
The Constitution was also influenced by the 1755 Corsican Constitution, which, despite being short-lived, was the first written constitution of an independent polity adopted by representatives elected by the people. The Swedish Constitution of 1772 and the Constitution of San Marino of 1600, the oldest surviving constitution, were also adopted by independent states, although they were not elected by the people.
The US Constitution has faced various criticisms since its inception, including the fact that it did not originally define who was eligible to vote, leaving this to the states. As a result, in the early history of the US, most states allowed only white male adult property owners to vote. The Constitution also did not initially abolish slavery or give citizenship and voting rights to former slaves.
The influence of the US Constitution has waned in recent decades as other countries have created new constitutions or updated older ones. The process of amending the US Constitution is also difficult, with only a fraction of amendments proposed receiving sufficient support to enter the constitutional ratification process.
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Aim to form a perfect union
The phrase "to form a more perfect union" is part of the Preamble to the United States Constitution. The Preamble outlines the purpose of the new government and the reasons for its formation. The US Constitution, formed in 1787, was influenced by the study of the Magna Carta and other federations, both ancient and modern. The Due Process Clause, for example, was based on the Magna Carta, which was a foundation of English liberty against arbitrary power. The idea of Separation of Powers was inspired by Enlightenment philosophers such as Montesquieu and John Locke.
The US Constitution aimed to create a more perfect union by addressing the shortcomings of the country's first constitution, the Articles of Confederation. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and could not regulate commerce or print money. This led to disputes over territory, war pensions, taxation, and trade, threatening the country's stability. The new Constitution established a powerful central government, with the power to lay and collect taxes, regulate commerce, and provide for the common defence.
The Constitution also aimed to form a more perfect union by establishing justice, ensuring domestic tranquility, and securing the blessings of liberty for the people. It vested legislative powers in a Congress consisting of a Senate and a House of Representatives, with representatives chosen every second year by the people of the states. The Constitution did not define who was eligible to vote, leaving this to the states, and initially, only white male adult property owners could vote in most states.
The process of forming a more perfect union involved bypassing the state legislatures, as the founders of the Constitution believed that their members would be reluctant to give up power to a national government. Instead, they called for special ratifying conventions in each state, and ratification by 9 of the 13 states enacted the new government. The Constitution faced opposition from Anti-Federalists, who disliked its creation of a powerful central government and lack of a bill of rights. However, it has endured for centuries, with only minor revisions, and has been one of the most emulated constitutions worldwide.
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Frequently asked questions
A constitution is a set of rules and principles that define the nature and extent of government.
Most modern constitutions are influenced by the concepts and ideas embedded in the English Protectorate's Instrument of Government, which was the first detailed written constitution adopted by a modern state. Many constitutions are also influenced by the Magna Carta, which includes the important "habeas corpus" article that limits the power of a ruler.
The US Constitution was influenced by the study of the Magna Carta and other federations, both ancient and modern. It was also influenced by the political philosophies of the Enlightenment, including those of Montesquieu, Locke, Edward Coke, and William Blackstone. The US Constitution also shared similarities with the UK, Canada, and New Zealand, and other Commonwealth countries, which had constitutional provisions such as the Bill of Rights 1689.
