Omar Bennett
Constitutions are a set of rules and principles that define the nature and extent of government. They are often influenced by the study of other federations, both ancient and modern, such as the Magna Carta, which was a cornerstone of English liberty. The first modern written constitution was the English Protectorate's Instrument of Government, which was in force from 1653 to 1657. The United States Constitution, which was formed in 1787, is one of the longest-lived and most emulated constitutions in the world. It has four sections, including an introductory paragraph, a list of seven articles, an untitled closing endorsement, and 27 amendments.
| Characteristics | Values |
|---|---|
| Average life | 19 years |
| Basis | Rule of law, protection of rights, separation of powers, and checks and balances |
| Contents | Preamble, articles, endorsement, and amendments |
| Influenced by | Magna Carta, common law, and Enlightenment philosophers |
| Ratification | Varies, but typically by special conventions or legislatures |
| Purpose | Establish justice, ensure domestic tranquility, provide for common defense, promote general welfare, and secure liberty |
| Powers | Legislative, executive, and judicial, including taxation, commerce, and naturalization |
| Representation | Elected officials representing the people, such as a House of Representatives |
| Eligibility | Varying eligibility requirements for voters and representatives, historically restricted |
| Flexibility | Ability to propose and adopt amendments, with varying levels of difficulty |
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What You'll Learn
Inspired by the Magna Carta
The US Constitution was influenced by the study of the Magna Carta, as well as other federations, both ancient and modern. The Due Process Clause of the US Constitution, for example, was partly based on common law and on the Magna Carta, which had become a foundation of English liberty against arbitrary power. The idea of the Separation of Powers inherent in the US Constitution was largely inspired by 18th-century Enlightenment philosophers, such as Montesquieu and John Locke.
The influence of the Magna Carta was also felt at the Philadelphia Constitutional Convention in 1787, when the principles of due process and individual liberty fought for in the Revolutionary War were enshrined into law. The Founding Fathers were reacting to decades of abuses by the British Parliament, which colonists believed had betrayed the "higher law" of the Magna Carta. 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 Continental Congress in 1774 drafted a Declaration of Rights and Grievances claiming for the colonists the liberties guaranteed to them under "the principles of the English constitution, and the several charters or compacts".
The Bill of Rights, the first 10 amendments to the US Constitution, was also influenced by the Magna Carta. Amendments five through seven set ground rules for a speedy and fair jury trial, and the Eighth Amendment prohibits excessive bail and fines. This prohibition can be traced directly back to the 20th clause of the Magna Carta, which states:
> For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood.
The Founding Fathers' reverence for the Magna Carta had less to do with the actual text of the document, which is mired in medieval law and outdated customs, than what it represented—an ancient pact safeguarding individual liberty. For 18th-century political thinkers like Benjamin Franklin and Thomas Jefferson, the Magna Carta was a potent symbol of liberty and the natural rights of man against an oppressive or unjust government.
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Influenced by federations
The US Constitution was influenced by several federations, both ancient and modern. The Due Process Clause, for instance, was based on the Magna Carta (1215), a foundation of English liberty against arbitrary power. The idea of separation of powers in the US Constitution was inspired by 18th-century Enlightenment philosophers such as Montesquieu and John Locke. Other political philosophers frequently referred to during the framing and signing of the Constitution included Hume, Locke, Edward Coke, and William Blackstone. The Scottish Enlightenment, according to historian Herbert W. Schneider, was a significant influence on the American Enlightenment and the advancement of personal liberties.
The US Constitution was also influenced by the English Protectorate set up by Oliver Cromwell after the English Civil War, which resulted in the first detailed written constitution adopted by a modern state, the Instrument of Government. This formed the basis of government for a short-lived republic from 1653 to 1657, providing a legal rationale for the increasing power of Cromwell after Parliament failed to govern effectively. Concepts such as bicameralism, separation of powers, the written constitution, and judicial review can be traced back to this period.
The US Constitution was also influenced by the study of other federations. The first written constitution of an independent polity, the 1755 Corsican Constitution, was an inspiration for many American patriots. Earlier written constitutions of independent states also exist, such as the Swedish Constitution of 1772 and the Constitution of San Marino of 1600, the oldest surviving constitution.
The US Constitution was also influenced by the desire to address the shortcomings of America's first constitution, the Articles of Confederation. James Madison, Alexander Hamilton, and George Washington feared that the young country was on the brink of collapse due to the lack of enforcement powers, inability to regulate commerce, and print money, as well as disputes over territory, war pensions, taxation, and trade. The Federalists, who believed in a strong central government, played a crucial role in the ratification of the new Constitution, which created a powerful central government.
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Separation of powers
The separation of powers is a concept that can be traced back to the 18th century. It is a fundamental principle in most constitutions, including the United States Constitution, which was influenced by the study of the Magna Carta and other ancient and extant federations. The idea of separation of powers in the US Constitution was inspired by Enlightenment philosophers such as Montesquieu, John Locke, Edward Coke, and William Blackstone.
The separation of powers is a system designed to distribute power among different branches of government, ensuring that no one branch or individual has too much authority. This system is intended to protect against tyranny and the concentration of power, promoting a balanced and stable governance.
In the context of the US Constitution, the separation of powers is evident in the establishment of three distinct branches of government: the legislative, executive, and judicial branches. The legislative power is vested in the Congress of the United States, consisting of the Senate and the House of Representatives. This branch is responsible for creating and passing laws. The executive branch, led by the President, is responsible for enforcing the laws and administering the government. The judicial branch, consisting of the Supreme Court and lower federal courts, interprets the laws and ensures their constitutionality.
Each branch of government has specific duties and responsibilities, and they are designed to serve as checks and balances on each other. For example, while Congress has the power to pass laws, the President has the power to veto them. The Supreme Court can review and strike down laws that it deems unconstitutional. This system of checks and balances helps prevent the abuse of power and ensures that the interests and rights of the people are protected.
The separation of powers also extends beyond the federal level, with state governments often having their own executive, legislative, and judicial branches. This distribution of powers across different levels of government further safeguards against the concentration of authority and promotes a more equitable and responsive governance.
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Ratification by the people
The concept of ratification by the people was also evident in the creation of the United States Constitution. James Madison, Alexander Hamilton, and George Washington played a significant role in advocating for a strong central government, revising the existing Articles of Confederation, and drafting a new constitution. Madison and his allies believed that the new constitution should be ratified by conventions of the people rather than by Congress and state legislatures, as they feared that state political leaders in the legislatures would be reluctant to give up power. As a result, the founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. Ratification by 9 of the 13 states was required to enact the new government.
The United States Constitution has had a significant influence on other countries' constitutions, including the Corsican Constitution of 1755, which was drafted by Pasquale Paoli and adopted by representatives elected by the people. The Corsican Constitution, although short-lived, inspired many American patriots and demonstrated the impact of popular ratification.
While the United States Constitution has been influential, it has also faced criticisms and challenges over time. The process of amending and ratifying the Constitution is complex, and some proposed amendments have not been ratified by the required number of states. Additionally, the Constitution did not originally define who was eligible to vote, allowing each state to determine voter eligibility, which resulted in varying voting rights across states.
Overall, the concept of ratification by the people is a significant aspect of constitutional governance, and it has played a crucial role in shaping the creation and adoption of constitutions throughout history, including the influential United States Constitution.
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Centralised power
In the case of the United States Constitution, the centralisation of power was a significant concern during its drafting. The delegates who crafted the US Constitution were wary of centralised power, having just fought a war against the excessive authority of the British monarchy. They wanted to create a powerful central government, but one that was accountable to the people and did not concentrate too much power in a single individual or entity.
To address these concerns, the US Constitution incorporated several features to centralise power while also establishing a system of checks and balances. The Constitution established a federal system with a separation of powers between the legislative, executive, and judicial branches of government. It vested legislative powers in a Congress consisting of a Senate and a House of Representatives, with the former having the power to lay and collect taxes, regulate commerce, and perform other essential functions.
The US Constitution also included provisions for a strong executive branch, led by the President, who was given significant powers, including the ability to appoint judges and other officials with the Senate's consent. Additionally, the Constitution established a Supreme Court and guaranteed certain individual rights, such as due process and freedom from arbitrary imprisonment, which further limited the power of the central government.
The centralisation of power in a constitution can be a complex and contentious issue, as it involves balancing the need for a strong and effective government with the protection of individual liberties and the prevention of tyranny. Different constitutions may approach this balance differently, depending on the specific context and values of the society in question.
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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 constitutions refer to a set of rules and principles that define the nature and extent of government. They are influenced by the Magna Carta, the concept of separation of powers, the written constitution, and judicial review.
The purpose of a constitution is to provide a framework for the government, define the government's powers and responsibilities, and protect the rights of citizens.
The average life of a newly written constitution is around 19 years, according to recent studies. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year.
