Malcolm Rivera
Sir William Blackstone was an English political philosopher and lawyer whose writings on English law and individual rights influenced the US Constitution and Declaration of Independence. Blackstone's Commentaries on the Laws of England, published in four volumes between 1765 and 1769, offered a comprehensive examination and systematization of English law, including constitutionalism and common law. While Blackstone's ideas on parliamentary sovereignty were rejected by American colonists, his writings on individual rights, such as the prohibition of taxation without consent, were influential in shaping the philosophical underpinnings of the US Constitution and the basic rights outlined in the Declaration of Independence. Blackstone's teachings also left an imprint on the US legal system, with his definition of a writ of mandamus playing a significant role in the landmark Supreme Court case of Marbury v. Madison in 1803.
| Characteristics | Values |
|---|---|
| Published Commentaries on the Laws of England | Four volumes from 1765 to 1769 |
| Offer a comprehensive examination and systemization of English law, from constitutionalism to common law | |
| Over 1,000 copies sold in the American colonies | |
| Influence on the U.S. Constitution | Helped shape the Declaration of Independence and the Constitution of a land he considered conquered British territory |
| His teachings were codified in the Amendment's restriction against federal courts hearing suits against one of the United States by citizens of another state | |
| His definition of a writ of mandamus was a linchpin in Marbury v. Madison, the 1803 case establishing judicial review by the Supreme Court | |
| Influence on the Founding Fathers | Thomas Jefferson, John Adams, Alexander Hamilton, John Jay, and John Marshall were familiar with and drew inspiration from Blackstone's works |
| The leaders of the American Revolution rejected Blackstone's views on parliamentary sovereignty and the right to revolution, but the framers of the Constitution returned to his analysis of legal principles, modifying them for a republican government |
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What You'll Learn
Influence on the Declaration of Independence
William Blackstone's Commentaries on the Laws of England, published in four volumes between 1765 and 1769, were incredibly influential in shaping the Declaration of Independence. The Commentaries offered a comprehensive examination and systematization of English law, from constitutionalism to common law, elucidating the rights of individuals against the government.
Blackstone's work was widely read in the American colonies, though sometimes criticised for its Tory perspectives. The leaders of the American Revolution rejected Blackstone's views on parliamentary sovereignty and the right to revolution. However, the framers of the Constitution found themselves returning to Blackstone's analysis when developing a system to govern the former colonies, modifying his views for a republican form of government.
Thomas Jefferson, the chief drafter of the Declaration of Independence, was certainly familiar with Blackstone and his work. Jefferson had a love-hate relationship with the Commentaries. In 1812, he wrote that it was the "most elegant and best digested of our law catalogue", but also complained that it had been "perverted" and responsible for "the degeneracy of legal science". Jefferson also acknowledged that Blackstone had accomplished "more towards the suppression of the liberties of man, than all the millions of men in arms of Bonaparte”.
The philosophy of the Declaration of Independence, asserting the "self-evident" and "unalienable rights" of people granted by "the Laws of Nature and of Nature's God", likely came from Blackstone's description of the rights of Englishmen under the British Constitution. The indictment against the Crown, which forms the bulk of the Declaration, recites many of the absolute rights of individuals covered by Blackstone, including the prohibition of taxation without consent.
Blackstone's Commentaries also played a significant role in the most important case of the Supreme Court: Marbury v. Madison in 1803, which first established judicial review by the Supreme Court. Blackstone's definition of a writ of mandamus, an order directing the state to perform an act, was a linchpin in this case.
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Commentaries on the Laws of England
William Blackstone's Commentaries on the Laws of England, published in four volumes between 1765 and 1769, is considered his seminal work. The Commentaries were a comprehensive examination and systematization of English law, from constitutionalism to common law.
The Commentaries were widely influential, particularly in the American colonies, where they sold over 1,000 copies. Blackstone elucidated the rights of individuals against the government, although he largely limited the rights of free speech and the press to prohibitions against governmental licensing or prior restraint of publication. He also upheld the idea of parliamentary sovereignty, which the American colonists rejected.
Blackstone's Commentaries organized the history of English common law into four categories: rights of persons and rights of things. Blackstone's writings were influential in the formation of basic rights in America and the development of a system to govern the former colonies. Thomas Jefferson, the chief drafter of the Declaration of Independence, was familiar with Blackstone's work and likely drew inspiration from his description of the rights of Englishmen under the British Constitution.
Blackstone's Commentaries also played a role in the most important case of the US Supreme Court: Marbury v. Madison in 1803. Blackstone's definition of a writ of mandamus, an order directing the state to perform an act, was a linchpin in this case, which first established judicial review by the Supreme Court.
Blackstone's Commentaries on the Laws of England dominated the common law legal system for over a century and shaped the Declaration of Independence, Constitution, and primal laws of the United States. His work continues to be influential, with a statue of him placed on Constitution Avenue in Washington, D.C., in recognition of his impact on American law.
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Impact on the Revolutionary generation
William Blackstone's work had a significant impact on the Revolutionary generation in the United States. His Commentaries on the Laws of England, published in four volumes between 1765 and 1769, offered a comprehensive examination and systematization of English law, including constitutionalism and common law. This work was widely influential, including in the American colonies, where it sold over 1,000 copies. Blackstone's writings elucidated the rights of individuals against the government, although they largely limited freedom of speech and press to prohibitions against governmental licensing or prior restraint of publication.
Blackstone's ideas influenced the leaders of the American Revolution, who adapted his analysis of legal principles to develop a system of government for the former colonies. While they rejected his views on parliamentary sovereignty and the right to revolution, they drew on his work to shape the Declaration of Independence and the Constitution. Thomas Jefferson, the chief drafter of the Declaration of Independence, was familiar with Blackstone's work and acknowledged his influence, despite also criticising it. Jefferson's description of the "self-evident" and "unalienable rights" of people in the Declaration likely drew from Blackstone's ideas about the rights of Englishmen under the British Constitution.
Blackstone's Commentaries were also important for the framers of the Constitution. James Madison, who largely drafted the First Amendment, and other framers, such as in the Virginia Report of 1800, argued for freedom of the press and against prior restraint, which were ideas present in Blackstone's work. The Seventh Amendment to the Constitution, which tied the right to civil jury trials to English common law, also reflected Blackstone's influence.
Blackstone's work continued to impact American law and government into the nineteenth and twentieth centuries. His definition of a writ of mandamus, an order directing the state to perform an act, was significant in Marbury v. Madison, the 1803 case that first established judicial review by the Supreme Court. Additionally, the Amendment's restriction against federal courts hearing suits against one of the United States by citizens of another state or foreign state is considered a codification of Blackstone's teachings and his fingerprint on the Constitution.
Overall, Blackstone's Commentaries on the Laws of England had a profound and lasting impact on the Revolutionary generation in the United States, influencing the development of their legal and governmental systems and shaping their understanding of individual rights.
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Influence on the US Supreme Court
William Blackstone's Commentaries on the Laws of England, published in four volumes between 1765 and 1769, were incredibly influential in shaping the US Constitution and the Declaration of Independence. Blackstone's work was a comprehensive examination and systematization of English law, elucidating the rights of individuals against the government. While Blackstone's views on parliamentary sovereignty and the right to revolution were rejected by the leaders of the American Revolution, the framers of the Constitution drew on his analysis of legal principles when developing a system to govern the former colonies.
Blackstone's influence on the US Supreme Court is evident in several ways. Firstly, his definition of a writ of mandamus, an order directing the state to perform an act, was a crucial element in the landmark case of Marbury v. Madison in 1803. This case established the principle of judicial review by the Supreme Court. Blackstone's teachings also influenced the Amendment's restriction against federal courts hearing certain suits, which can be considered his "fingerprint" on the Constitution.
Additionally, many early US Supreme Court justices interpreted the First Amendment through a Blackstone-Mansfieldian lens. While the First Amendment did not tie its freedoms to English common law interpretations, as the Seventh Amendment did, Blackstone's ideas still influenced the understanding of freedom of the press and speech. For example, the truth was recognised as a defence against seditious libel laws, a modification of Blackstone's interpretations.
Blackstone's influence extended beyond the legal realm, as his work also inspired cultural institutions. The North Wall Frieze in the courtroom of the US Supreme Court depicts Blackstone, recognising his standing as one of the most influential legal commentators in history. Furthermore, in the early 1920s, the American Bar Association presented a statue of Blackstone to the English Bar Association, demonstrating his enduring legacy within the legal community.
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Views on freedom of speech and press
William Blackstone's Commentaries on the Laws of England, published in four volumes between 1765 and 1769, were incredibly influential in shaping the formation of basic rights in America. Blackstone elucidated the rights of individuals against the government, including the right to freedom of speech and press. However, he largely limited these rights to prohibitions against governmental licensing or prior restraint of publication. Blackstone's commentaries were widely read in the American colonies, but they were also criticised for their Tory perspectives.
Blackstone's views on freedom of speech and press were complex. On the one hand, he acknowledged the importance of free speech and press as a check on governmental power. He recognised that vigorous criticism of the government was essential for holding those in power accountable. However, he also upheld the idea of parliamentary sovereignty, which the American colonists rejected. Blackstone found the concept of revolution troubling and only acknowledged a right to revolution in theory. He contended that power returned to the people only when sovereign power had been utterly destroyed.
Blackstone's definition of seditious libel limited freedom of speech and press. He believed that truth was not a defence against charges of seditious libel, and he upheld the idea that individuals could be punished for criticisms of the government or governmental officials. This view was in contrast to the beliefs of the American Founders, who argued that freedom of the press encompassed the presumption against prior restraint but did not permit subsequent punishment for criticism of the government.
Blackstone's influence on the U.S. Constitution can be seen in the Amendment's restriction against federal courts hearing certain suits in law or equity. This restriction is considered a codification of Blackstone's teachings and his fingerprint on the Constitution. Additionally, Blackstone's definition of a writ of mandamus, an order directing the state to perform an act, was a linchpin in the Marbury v. Madison case, which established judicial review by the Supreme Court.
Overall, while Blackstone's commentaries had a significant impact on the formation of rights in America, his views on freedom of speech and press were limited by his belief in parliamentary sovereignty and his narrow definition of seditious libel.
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Frequently asked questions
Blackstone's Commentaries on the Laws of England, published in four volumes between 1765 and 1769, is considered his most influential work. It is a comprehensive examination and systematization of English law, from constitutionalism to common law.
Blackstone's Commentaries on the Laws of England influenced the U.S. Constitution by shaping the basic rights in America. His work also played a significant role in the Supreme Court case Marbury v. Madison in 1803, which established judicial review.
William Blackstone was a political philosopher who elucidated the rights of individuals against the government. He believed in parliamentary sovereignty and acknowledged a right to revolution only in theory, contending that power returned to the people only when sovereign power had been utterly destroyed.
