Malcolm Rivera
The Constitution of the United States was signed on September 17, 1787, by 38 delegates, establishing a much stronger national government. The colonists claimed the right to life, liberty, and property, the right to participate in legislative councils, and the right to be tried by their peers. The Constitution was the result of the delegates' task to revise the existing government, which ultimately led to the creation of a new one. The founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. The Constitution was under siege in the press, but Madison, Hamilton, and Jay wrote a series of commentaries, now known as the Federalist Papers, in support of the new instrument of government. The Declaration of Independence, the Constitution, and the Bill of Rights are fused together in the minds of Americans as they represent liberty and equality.
| Characteristics | Values |
|---|---|
| Right to life | Life |
| Liberty | Liberty |
| Property | Pursuit of happiness |
| Equality | Equality |
| Worship God | Worship |
| Enjoyment of life | Enjoyment |
| Acquiring, possessing and protecting property | Acquiring, possessing and protecting |
| Pursuing and obtaining happiness and safety | Pursuing and obtaining |
| Right to alter and abolish their government | Altering and abolishing |
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What You'll Learn
The right to life, liberty, and property
The Constitution of the United States was written in the context of the American Revolution and the colonists' desire to break free from the British monarchy. The colonists claimed certain rights, including "life, liberty, and property", which were later guaranteed in the Constitution and the Bill of Rights.
The right to "life, liberty, and property" is a fundamental concept in the American political philosophy and has been a part of the American legal system since its inception. The Declaration of Independence, written by Thomas Jefferson, proclaimed that all men are "endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty". The Declaration also stated that governments are instituted to secure these rights, and that the people have the right to alter or abolish their government if it becomes destructive of these ends.
The Constitution, which establishes the structure and powers of the US government, implicitly guarantees these rights. The Bill of Rights, which comprises the first ten amendments to the Constitution, explicitly enumerates these rights, including the right to "life, liberty, and property". The 14th Amendment, passed after the Civil War, further extended these rights to formerly enslaved people, stating that no state shall deprive any person of "life, liberty, or property, without due process of law".
The interpretation of "life, liberty, and property" has evolved over time. In the 1970 case of Goldberg v. Kelly, the Court expanded the notion of property beyond real or personal property, finding that some governmental benefits, such as welfare benefits, amount to "property" with due process protections. The Court has also determined that due process requires, at a minimum, notice, an opportunity to be heard, and an impartial tribunal.
In conclusion, the right to "life, liberty, and property" has been a fundamental principle in American political philosophy since the writing of the Constitution. It has been explicitly guaranteed in the Bill of Rights and further extended and clarified through amendments and court interpretations.
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Equality and self-governance
The US Constitution was written by 38 delegates (39 signatures including one signed on behalf of an absent delegate) at the Constitutional Convention in Philadelphia in 1787. The delegates assembled to revise the Articles of Confederation, but by mid-June, they had decided to completely redesign the government. The Constitution was an attempt to form a more perfect union, to address the weaknesses of the Articles of Confederation, and to provide a stronger central government.
The Constitution was the result of a compromise between delegates representing wildly different interests and views. One of the most contentious issues was congressional representation, which was resolved by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. Another highly controversial issue was slavery, which threatened to derail the Union. A temporary resolution was found by agreeing that the slave trade could continue until 1808, and that enslaved Africans would be counted as three-fifths of a person for the purposes of political representation.
The Constitution was debated, criticised, and expounded clause by clause, and the ratification campaign was hard-fought. The Federalists, who supported the Constitution, believed that a strong central government was necessary to face the nation's challenges. The Anti-Federalists, on the other hand, opposed the Constitution because it reminded them of the monarchy they had just overthrown, and because it lacked a bill of rights.
The Constitution, together with the Declaration of Independence and the Bill of Rights, is a symbol of the equality and liberty that are fundamental to the American identity. The Declaration of Independence, written by Thomas Jefferson, contains the famous phrase "all men are created equal", which has come to be understood as a promise of equality. While Jefferson's original intention may have been to assert the equality of the American colonists as a people with the right to self-government, the phrase has since been interpreted as a universal statement of equality.
The liberties outlined in the Declaration of Independence became legally enforceable with the ratification of the Constitution and the subsequent Bill of Rights. The rights enumerated in these documents include life, liberty, the pursuit of happiness, the right to worship God, the right to acquire and protect property, and the right of the majority of the people to alter or abolish their government if their natural rights are threatened. These rights were not invented out of thin air but were based on the fundamental freedoms granted in the charters of the American colonies, the Magna Carta, and the political philosophy of the Enlightenment.
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Freedom of religion
The colonists who wrote the US Constitution promised freedom of religion, among other liberties. This freedom is enshrined in the First Amendment, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
The right to freedom of religion was not invented out of thin air when the Constitution was written. The colonists were granted charters between 1606 and 1701 that included promises of the basic rights of Englishmen, including the right to worship God "according to the dictates of conscience." The Declaration of Independence, which preceded the Constitution, also alluded to this freedom, stating that all men are "endowed by their Creator with certain unalienable Rights."
The precise meaning of the First Amendment's religion clauses has been a matter of dispute since their inception. There is disagreement over whether there is one religion clause or two—the Establishment Clause and the Free Exercise Clause. These clauses may be seen as a single harmonious concept: protecting the freedom and independence of religion from government restrictions and sponsorship. On the other hand, it is possible to have free exercise rights even with an established church, as some states at the time of the Constitution's drafting had.
The courts have played a significant role in interpreting and applying the religion clauses. In a series of decisions in the 1940s and 1950s, the Supreme Court established free exercise of religion as a "preferred freedom" that could only be restricted by the government in limited circumstances. The Court has also clarified that constitutional protections extend only to sincerely held religious beliefs and activities, excluding those motivated by non-religious ideologies.
The main idea behind religious freedom in America is that the government must allow for the free exercise of religion without promoting or burdening it. This careful balance was crafted by the Founding Fathers to ensure that no particular denomination or faith controlled the government while still allowing for the acknowledgement of God.
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The right to assemble and petition the king
The colonists, having recently broken free from the monarchy, valued this right as it guaranteed their ability to gather peacefully and address their grievances to the monarch. This right was not just about freedom of assembly, but also about the freedom to express their concerns and seek redress without fear of retribution.
The inclusion of this right in the Constitution was a direct response to the colonists' experiences under the British rule. During their time as colonies, the king and the British Parliament had passed laws and taxes that the colonists believed unfairly targeted them without their consent. The famous phrase "No taxation without representation" became a rallying cry for the colonists, who felt they had no say in the laws that governed them.
By including the right to assemble and petition the king in the Constitution, the colonists were ensuring that they, as citizens of the new nation, would always have a say in their government and could hold their leaders accountable. This right was seen as a fundamental aspect of the new nation's commitment to liberty and equality, where citizens had the power to influence the direction of their country.
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A stronger national government
The colonists' desire for a stronger national government was a key factor in the creation of the US Constitution. The Constitutional Convention of 1787 proposed a new constitution that established a much stronger national government, marking a significant shift from the Articles of Confederation, which served as America's first attempt at self-governance.
The Articles of Confederation had limited power and faced challenges in addressing issues such as state disputes over territory, war pensions, taxation, and trade. James Madison, Alexander Hamilton, and George Washington feared that these shortcomings could lead to the young country's collapse. Madison, in particular, advocated for a strong central government to provide order and stability, marking a middle ground between national authority and state power.
The Constitutional Convention assembled in Philadelphia in May 1787, with delegates from various states. They initially gathered to revise the Articles of Confederation, but by mid-June, they had decided to completely redesign the government. The delegates, representing diverse interests and views, crafted compromises to accommodate these differences. One of the most notable compromises was the agreement to give each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate.
The proposed Constitution faced resistance, particularly from Anti-Federalists who opposed the creation of a powerful central government reminiscent of the monarchy they had recently overthrown. The Federalists, on the other hand, strongly advocated for a strong central government to address the nation's challenges. The ratification process was intense, with close struggles in several states. Ultimately, ratification by the necessary number of states was achieved, and the new Constitution replaced the Articles of Confederation as the framework of the US government.
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Frequently asked questions
The colonists were promised the "great and inestimable privilege" of being able to assemble peacefully, to consider their grievances, and to petition the king.
The colonists were promised the "right to worship God according to the dictates of conscience" and the enjoyment of life and liberty.
The colonists were promised equality in the eyes of the law, with the famous phrase ""all men are created equal" written into the preamble of the Declaration of Independence.
The colonists were promised "the means of acquiring, possessing and protecting property".
The colonists were promised the right to ""alter and abolish" their government if it threatened to invade natural rights rather than protect them.
