Jonah Patel
William Penn, the founder of Pennsylvania, created a document that influenced the US Constitution. Before leaving England to become governor, Penn wrote the Frame of Government of Pennsylvania, which became the colony's first constitution. This document set out Penn's religious and political beliefs, including his advocacy for religious freedom and his theory of an amendable constitution. The 1701 Pennsylvania Charter of Privileges, which was the last and among the most famous of all colonial constitutions, also incorporated many liberties, including religious freedom, a General Assembly chosen by the people, and criminal defendant's right to counsel. These liberties were later included in the 1776 Constitution of Pennsylvania, which was one of the state constitutions used as a model for the United States Constitution.
| Characteristics | Values |
|---|---|
| Document Name | Frame of Government of Pennsylvania, Charter of Privileges, Charter of Legal Systems, Manual of Law and Order, Declaration of Independence |
| Author | William Penn |
| Date | 1701 |
| Key Principles | Religious freedom, democratic principles, equality under God, criminal defendant's right to counsel, procedural due process |
| Influence on US Constitution | The US Constitution adopted Penn's theory of an amendable constitution, his vision of equality, and his ideas on religious freedom |
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What You'll Learn
The 1701 Charter of Privileges
The Charter of Privileges was a document that granted "Liberties, Franchises, and Privileges" to the inhabitants of Pennsylvania and its territories. It was approved by William Penn and replaced the original 1682 charter as the fundamental law of the colony. The 1701 Charter of Privileges was the last and among the most famous of all colonial constitutions.
The document recognized the authority of the King and Parliament over the colony while creating a local governing body to propose and execute laws. It gave the lower house all legislative power and transformed the council into an advisory body with appointive functions only. The Charter of Privileges also guaranteed religious freedom, the right to counsel for criminal defendants, and procedural due process for property complaints brought by the government.
The Charter of Privileges was one of the state constitutions used as a model for the United States Constitution. It set the framework not only for Pennsylvania's Constitution but also for the US Constitution. The document's recognition of the authority of the King and Parliament, as well as its granting of religious freedom and other liberties to the inhabitants of the colony, were influential in the development of the US Constitution.
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Religious freedom
William Penn, the founder of Pennsylvania, was an advocate of religious freedom. Born in 1644, he established the colony of Pennsylvania based on the principles of freedom and
Penn's beliefs about natural rights and privileges of freedom are reflected in his First Frame of Government (1682), which provided for secure private property, free enterprise, free press, trial by jury, and religious toleration. This document, also known as the "Frame of Government of Pennsylvania", was the first step towards the framing of the US Constitution. It included the following statement:
> "All believers in “One Almighty and Eternal God…shall in no wayes be molested or prejudiced for their Religious Perswasion or Practice in matters of Faith and Worship."
In 1701, Penn signed the Fourth Frame, or the Charter of Privileges, which granted citizens of Pennsylvania freedom of worship and the right to freedom of speech. This charter replaced the original 1682 charter as the fundamental law of the colony. It granted "Liberties, Franchises and Privileges... to be held, enjoyed and kept by the freemen, planters & adventurers, & other Inhabitants of Pennsylvania.
The Charter of Privileges formed the basis of Pennsylvania's state constitution in 1776, which was one of the models for the US Constitution. Thus, through his influence on Pennsylvania's Constitution and his advocacy for religious freedom, Penn also helped shape the US Constitution.
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A General Assembly chosen by the people
William Penn, the founder of Pennsylvania and a proponent of religious freedom, was born on October 14, 1644. He played a significant role in shaping not only Pennsylvania's Constitution but also the US Constitution. Penn, a man of strong religious convictions, authored numerous works, urging followers to embrace the spirit of Primitive Christianity.
One of William Penn's notable contributions was the "Frame of Government," also known as the "Framework of Government." This document reflected his religious and political beliefs and served as the First Constitution for the colony. Penn, with the assistance of Thomas Rudyard, a London Quaker lawyer, worked diligently on over 20 drafts of this framework. He drew inspiration from John Locke, incorporating the concept of amendments to allow for a flexible and evolving written constitution. Penn's forward-thinking approach aimed to accommodate dissent, new ideas, and societal change without the need for violent uprisings.
The "Frame of Government" included democratic principles and set a precedent for religious tolerance in Pennsylvania. It established the idea that "all Persons are equal under God," a notion that influenced the Founding Fathers, including Thomas Jefferson. This document was a crucial step toward the formation of the United States Constitution.
The 1701 Pennsylvania Charter of Privileges, approved by William Penn, further solidified his influence on the US Constitution. This charter, considered among the most famous colonial constitutions, replaced the original 1682 charter as the fundamental law of the colony. It granted "Liberties, Franchises, and Privileges" to the inhabitants of Pennsylvania, including religious freedom, a General Assembly chosen by the people, criminal defendants' right to counsel, and procedural due process. These liberties and rights outlined in the Charter of Privileges laid the groundwork for the 1776 Constitution of Pennsylvania, which served as a model for the United States Constitution.
In conclusion, William Penn's "Frame of Government" and the Pennsylvania Charter of Privileges had a significant impact on the US Constitution. His ideas on religious freedom, equality, and amendable constitutions left an enduring mark on the foundational principles of the United States.
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Criminal defendant's right to counsel
The US Constitution was influenced by a document created by William Penn, known as the "Frame of Government of Pennsylvania". This document was the first step towards framing the US Constitution and outlined Penn's religious and political beliefs, including his belief in religious toleration.
The 1701 "Charter of Privileges", another document created by William Penn, also recognised the criminal defendant's right to counsel. This charter was the last and one of the most famous of all colonial constitutions, serving as the fundamental law of the colony of Pennsylvania.
The right to counsel is a fundamental right under the US Constitution, as affirmed in the Supreme Court case Gideon v. Wainwright. This case established that defendants in criminal proceedings have the right to request counsel during the trial and on appeal, regardless of their ability to afford an attorney. The court held that the assistance of counsel is essential for a fair trial and due process of law.
The Supreme Court has also ruled on when the right to counsel attaches, or when during the criminal prosecution process the defendant gains this right. In Brewer v. Williams, the Court held that a defendant gains the right to an attorney after judicial proceedings have been initiated, such as through a formal charge or indictment. However, in United States v. Gouveia, the Court clarified that an inmate suspected of committing a crime while in prison does not have the right to counsel while in administrative segregation prior to indictment.
The ethical duties of an attorney towards their client have also been a subject of court rulings. In Nix v. Whiteside, the Supreme Court found that an attorney has a duty to refuse to cooperate with a defendant who intends to present perjured evidence at trial, even if it means not advocating for the client's desired outcome.
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Procedural due process
The document created by William Penn that influenced the US Constitution was the "Frame of Government of Pennsylvania", also known as the "Framework of Government". Penn, a deeply religious man, believed in religious toleration and his document was the first step towards the framing of the US Constitution. The "Frame of Government" included his religious and political thoughts and was the colony's first constitution.
The "Frame of Government" was not the only document created by Penn. He also authored the Charter of Privileges, which was the last and among the most famous of all colonial constitutions. This charter granted "Liberties, Franchises and Privileges... to be held, enjoyed and kept by the freemen, planters and adventurers, and other inhabitants" of Pennsylvania. These liberties included religious freedom, a General Assembly chosen by the people, and the precursor to procedural due process.
The inclusion of procedural due process in the "Charter of Privileges" was significant because it recognised the importance of protecting individuals' property rights from arbitrary government actions. This concept was later incorporated into the Pennsylvania Constitution of 1776, which served as a model for the US Constitution.
The "Frame of Government" and the "Charter of Privileges" together showcase Penn's commitment to establishing a government that respected individual rights and freedoms. By influencing the US Constitution, Penn's ideas continue to shape the legal and political landscape of the United States, ensuring that the government remains accountable to its people.
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Frequently asked questions
William Penn's "Frame of Government" influenced the US Constitution.
The "Frame of Government" was a document created by William Penn that comprised his religious and political thoughts. It was the first step towards the framing of the US Constitution.
Penn's "Frame of Government" included the idea of religious toleration and the use of amendments to enable a written framework that could evolve with the changing times.
Yes, William Penn's "Frame of Government" also influenced the 1776 Constitution of Pennsylvania.
William Penn created several other documents, including the Charter of Privileges, which was approved in 1701 and granted certain liberties, franchises, and privileges to the inhabitants of Pennsylvania.
