Simone Lawson
The American colonies' desire for a written constitution was influenced by two constitutional traditions. The first was rooted in the charters, letters-patent, and instructions written in England, which allowed colonists to design their political institutions and practice self-government. The second tradition was reflected in covenants, compacts, agreements, and codes written by the colonists themselves, emphasizing the importance of a single document defining their political context. The Fundamental Orders adopted in Hartford, Connecticut, in 1639, was the first written constitution in the colonies, declaring that the foundation of authority is in the free consent of the people. The Articles of Confederation, serving as the first constitution of the United States, established a weak central government and preserved the independence of the original 13 states. However, its limitations became apparent, leading to calls for a stronger central government and the eventual adoption of the present-day Constitution.
| Characteristics | Values |
|---|---|
| Written document | The colonists were used to having a written document defining the context of their politics. |
| Single document | The colonists were used to having a single document that linked to the corpus of common law and legislative ordinance. |
| Amendability | The colonists were used to having a written charter that could be amended. |
| Self-government | The colonists were allowed to design their own political institutions and practice self-government. |
| Local government | Local government in colonial America was the seedbed of American constitutionalism. |
| Central government | The Articles of Confederation established a weak central government. |
| Independence | The Articles of Confederation preserved the independence and sovereignty of the original 13 states. |
| Organic act | The early state constitutions could be viewed as organic acts that summarised and codified what the colonists of each state had evolved over the previous 150 years. |
| First written constitution | The Fundamental Orders was the first written constitution in the world to declare that the foundation of authority is in the free consent of the people. |
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What You'll Learn
- The colonists were used to having a written document defining the context of their politics
- The colonists were familiar with the idea of a single document being the focus of their link with the corpus
- The colonists were used to writing their own documents to flesh out the particulars of their governments
- The colonists claimed the right to life, liberty, and property
- The colonists wanted to establish and preserve the independence and sovereignty of the original 13 states
The colonists were used to having a written document defining the context of their politics
The American colonists were used to having a written document that defined the context of their politics. This was partly due to necessity, as the time and distance between England and America did not allow for close control from England. As a result, the colonists became accustomed to writing their own documents to flesh out the specifics of their governments.
The colonists' familiarity with the idea of a single document being the focus of their political link with England also contributed to their preference for a written constitution. The English constitution, for example, was composed of a vast corpus of common law and legislative ordinance. The colonists, on the other hand, often created their own political institutions and practised self-government, filling in the blanks left by the colonial charters.
The "Fundamental Orders", adopted in Hartford, Connecticut, in 1639, was the first constitution in the American colonies. It was written primarily by Roger Ludlow, a lawyer, and established a unified government for the new colony. This document also declared the modern idea that "the foundation of authority is in the free consent of the people."
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, served as the written document that established the functions of the national government of the United States after it declared independence from Great Britain. It was adopted by the Continental Congress on November 15, 1777, and came into force on March 1, 1781, after being ratified by all 13 colonial states. The Articles established a weak central government that prevented the individual states from conducting their own foreign diplomacy.
The early state constitutions, particularly those of Connecticut and Rhode Island, were also examples of written constitutions created by the colonists themselves. These constitutions can be viewed as "organic acts" that summarised and codified the political evolution of the colonists over the previous 150 years.
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The colonists were familiar with the idea of a single document being the focus of their link with the corpus
The American colonists were invariably present in America as a result of a written charter that could be amended. This led to them becoming accustomed to the notion of a written document outlining the context of their politics and being able to modify it through a political process. The English constitution, on the other hand, was composed of the vast corpus of common law and legislative ordinance.
The early state constitutions adopted in 1776 can be seen as organic acts and compacts as they summarised and codified the colonists' practices and beliefs over the previous 150 years. In the cases of Connecticut and Rhode Island, the colonial charters were formally readopted as constitutions, and in the case of Massachusetts, the 1725 charter was continued to be followed.
The first constitution in the American colonies, the "Fundamental Orders," was adopted in Hartford, Connecticut, in 1639. Roger Ludlow, a lawyer, wrote much of this constitution, which established a unified government for the new colony. The Fundamental Orders introduced the modern concept that "the foundation of authority is in the free consent of the people."
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was an agreement and early body of law in the Thirteen Colonies that served as the nation's first frame of government during the American Revolution. It was debated by the Second Continental Congress in Philadelphia between July 1776 and November 1777 and came into force on March 1, 1781, after being ratified by all 13 colonial states.
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The colonists were used to writing their own documents to flesh out the particulars of their governments
The American colonists were used to having a written document defining the context of their politics. This was partly due to the fact that they had come to America as a result of a written charter that could be amended. The English constitution, on the other hand, was composed of the vast corpus of common law and legislative ordinance. The colonists, therefore, became accustomed to the idea of a single document being the focus of their link with that vast corpus.
The colonists were also used to writing their own documents to flesh out the particulars of their governments. This was partly out of necessity, as the time and distance between England and America did not allow for close control from the English government. The early colonial charters allowed the colonists to design their own political institutions and practice self-government. Most of those charters that did not provide for this explicitly at least permitted the colonists to fill in the blanks themselves.
The first constitution in the American colonies, the "Fundamental Orders", was adopted in Hartford, Connecticut, in 1639. It was written by Roger Ludlow, a lawyer, and presented a binding and compact frame of government that put the welfare of the community above that of individuals. It was also the first written constitution in the world to declare the modern idea that "the foundation of authority is in the free consent of the people."
The early state constitutions adopted in 1776 could be viewed as organic acts as well as compacts, as they usually summarized and codified what the colonists of each state had evolved over the previous 150 years. In the case of Connecticut and Rhode Island, the colonial charters were formally readopted as constitutions. These charters had essentially been written by the colonists themselves.
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The colonists claimed the right to life, liberty, and property
The American Revolution was fuelled by the colonists' desire to uphold their rights to life, liberty, and property. This was influenced by the ideas of John Locke, who justified the Glorious Revolution by arguing that King James II had failed to uphold the government's obligation to protect individuals' fundamental rights.
The colonists believed that they were entitled to the same rights, liberties, and privileges as men and freemen born in Britain. They argued that the British House of Commons did not have the right to give and grant their property, as this was a violation of their natural rights and liberties. The colonists also emphasised the importance of consent in entering into society and preserving their rights.
The Declaration of Independence, drafted in 1776, reflected these sentiments, stating that all men are created equal and endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness. It proclaimed that governments derive their power from the consent of the governed and that the people have the right to alter or abolish a government that becomes destructive of these ends.
The colonists' pursuit of their rights led to the formation of the United States' first constitution, the Articles of Confederation, which was adopted in 1777. This document served as a written constitution, defining the context of their politics and providing a framework for their independence from Britain. The Articles of Confederation were later replaced by the present-day Constitution, which came into effect in 1789.
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The colonists wanted to establish and preserve the independence and sovereignty of the original 13 states
The American Revolution and the colonists' desire for independence from Great Britain were the catalysts for the creation of a written constitution. The colonists' demands for independence were intimately linked with the demands of international relations. The Continental Congress, which first met in 1774, was a significant step towards independence and the formation of a unified government for the colonies.
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, served as the first constitution of the United States. It was an agreement and early body of law in the Thirteen Colonies, which provided the nation's first frame of government during the American Revolution. The Articles were adopted by the Continental Congress on November 15, 1777, and came into force on March 1, 1781, after being ratified by all 13 colonial states.
The Articles of Confederation established a weak central government, affording it only those powers that the former colonies recognised as belonging to the British Crown and Parliament during the colonial era. This conscious decision to limit the power of the central government was influenced by the colonists' desire to preserve the independence and sovereignty of each of the original 13 states.
The limitations of the central government under the Articles of Confederation became apparent, especially in its inability to prevent interstate disputes, regulate commerce, and raise funds. These weaknesses, coupled with the government's ineffective response to Shays' Rebellion, led to calls for a stronger central government. As a result, the Constitutional Convention was convened in 1787 to address these issues, ultimately leading to the creation of a new constitution.
The new Constitution, which came into effect in 1789, provided for a stronger federal government by establishing a chief executive (the president), courts, and taxing powers. This shift towards a more centralised government reflected the colonists' desire to establish a unified nation while preserving the independence and sovereignty of each state.
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Frequently asked questions
The colonists were used to having a written document that defined the context of their politics, which could be altered through some political process. This was partly due to necessity, as the time and distance between England and America did not allow for close control from England.
The first tradition can be found in the charters, letters-patent, and instructions for the colonists written in England. The second tradition is found in the covenants, compacts, agreements, ordinances, codes, and oaths written by the colonists themselves.
The "Fundamental Orders" was the first written constitution in the American colonies. It was adopted by representatives of Wethersfield, Windsor, and Hartford in Hartford, Connecticut.
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