Omar Bennett
The Constitution of the United States defines the framework of the Federal Government and is one of the longest-lived and most emulated constitutions globally. The framers of the Constitution were influenced by several historical documents, including the Magna Carta, the Charters of the Virginia Company of London, the Virginia Declaration of Rights, the Declaration of Independence, the Articles of Confederation, and the Virginia Statute for Religious Freedom. These documents, along with the Bill of Rights, are considered fundamental to the founding and philosophy of the United States. The Constitution was signed by 38 delegates on September 17, 1787, marking a significant achievement in the establishment of a powerful central government that balanced diverse interests and views.
| Characteristics | Values |
|---|---|
| Type of Document | Historical Documents |
| Number of Documents | 6 |
| Examples of Documents | Magna Carta, Charters of the Virginia Company of London, Virginia Declaration of Rights, Declaration of Independence, Articles of Confederation, Virginia Statute for Religious Freedom |
| Purpose of Documents | Influenced the creation of the Constitution of the United States |
| Constitution | Defines the framework of the Federal Government of the United States |
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What You'll Learn
The Magna Carta
The Founding Fathers of the United States took great inspiration from the Magna Carta as they crafted the nation's foundational documents, including the Declaration of Independence, the Constitution, and the Bill of Rights. The influence of the Magna Carta can be seen in the inclusion of protections and immunities for individual citizens against the state government in the US Constitution. The phrase "by the law of the land", which is used to describe the US Constitution, also originates from the Magna Carta.
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Charters of the Virginia Company of London
The Charters of the Virginia Company of London were a series of royal charters issued by King James I in 1606 and the years that followed. The Virginia Company of London was a joint-stock company that aimed to establish a colony in North America, specifically in the area that was then known as Virginia, allowing the Crown to benefit from colonisation without bearing its costs.
The First Charter of Virginia, also known as the Charter of 1606, was a document that assigned land rights to colonists for the creation of a settlement. The land described in the charter encompassed the coastal region of Virginia, the islands nearby, and an area stretching from present-day South Carolina to Maine. The charter specified that the land would remain the property of the King, with the London Company and the Plymouth Company as his tenants, and the settlers as subtenants. The document also designated the London Company as responsible for financing the project, which included recruiting and transporting settlers, as well as providing supplies.
The Virginia Company of London consisted of two groups of investors: the Virginia Company of Plymouth and the Virginia Company of London. The King authorised the latter to settle on the American coast between 34 and 40 degrees latitude, while the Plymouth investors were directed to lands further north. The Plymouth Company established a colony at Sagadahoc in present-day Maine in 1607, but it was abandoned the following year.
Over the next 18 years, the Crown granted two additional charters to the Virginia Company of London, democratising its governance and reforming its financial model. The company's ventures were initially funded by investors seeking dividends, but by 1618, they were largely funded by public lotteries. The company found a way to utilise its abundant land resources to attract settlers to pay for their passage to the colony and then charge them a fee to use the land upon their arrival.
The specific influence of the Charters of the Virginia Company of London on the framers of the Constitution is unclear. However, the concept of establishing colonies and governing their affairs, including land rights and financial matters, may have provided some inspiration or precedent for the framers' thinking.
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Virginia Declaration of Rights
The Virginia Declaration of Rights, written by George Mason, was adopted by the Virginia Constitutional Convention on June 12, 1776. It consists of sixteen articles on the subject of the rights that "pertain to [the people of Virginia] ... as the basis and foundation of Government".
The Declaration affirms the inherent nature of rights to life, liberty, property, and the pursuit of happiness and safety. It also describes a view of government as the servant of the people, and enumerates its separation of powers into the administration, legislature, and judiciary. The document is notable for prescribing not only legal rights but also the moral principles upon which a government should be run.
Articles 1–3 address the subject of rights and the relationship between the government and the governed. Articles 7–16 propose restrictions on the powers of the government, including the right to be confronted by one's accusers and witnesses, to call for evidence, and to a speedy trial by an impartial jury. It also includes protections against cruel and unusual punishments, baseless search and seizure, and guarantees of freedom of the press, freedom of religion, and the right to a well-regulated militia.
The Virginia Declaration of Rights had a profound impact on America's founding documents. Thomas Jefferson drew on it when writing the Declaration of Independence, and James Madison expanded on Mason's ideas of guaranteed rights when drafting the Bill of Rights. It was one of the earliest documents to emphasize the protection of individual rights, and its influence extended to the framing of the US Constitution.
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Declaration of Independence
The Declaration of Independence is one of the most important documents in American history. It expresses the ideals on which the United States was founded and the reasons for its separation from Great Britain. Thomas Jefferson, who was inspired by the Virginia Declaration of Rights, drafted the Declaration of Independence when the Second Continental Congress convened in Philadelphia in 1775. It was designed for multiple audiences: the King, the colonists, and the world. It was also designed to multitask: to rally the troops, win foreign allies, and announce the creation of a new country.
The Declaration of Independence states the principles on which the American government and identity are based. It includes a list of 27 complaints against King George III, constituting proof of the right to rebellion. The most dramatic statement comes near the end: "That these United Colonies are, and of Right ought to be Free and Independent States." This declares a complete break with Britain and its King and claims the powers of an independent country.
The Declaration of Independence is not legally binding, but it is powerful and influential. Abraham Lincoln called it "a rebuke and a stumbling block to tyranny and oppression." It inspired people around the world to fight for freedom and equality. The Declaration's famous promise that "all men are created equal" was vindicated by the Civil War and the 14th Amendment to the Constitution, which guaranteed that the federal government and the states would respect the fundamental liberties outlined in the Bill of Rights.
The Declaration of Independence, the Constitution, and the Bill of Rights are often considered together as the Charters of Freedom. They represent the liberty and equality that are fundamental to American society. The Declaration of Independence laid the foundation for the Constitution and the Bill of Rights, which enumerated and made legally enforceable the fundamental freedoms alluded to in the Declaration.
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Articles of Confederation
The Articles of Confederation was America's first constitution. It gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. James Madison, Alexander Hamilton, and George Washington feared the collapse of their country a few years after the Revolutionary War.
The Articles of Confederation heavily influenced the creation of the Constitution of the United States. The Constitutional Convention assembled in Philadelphia in May 1787, with delegates initially gathering to revise the Articles of Confederation. However, by mid-June, they had decided to completely redesign the government. The framers of the Constitution established the structure and powers of Congress, debating the idea of a Congress composed of two houses. James Madison proposed a two-house system, with one house being small, deliberative, and independent from the larger, more democratic house. This proposal led to the creation of the Senate.
The delegates at the Constitutional Convention faced fierce debates over congressional representation, specifically whether it should be based on population or divided equally among the states. They reached a compromise by granting each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. They also agreed to count enslaved Africans as three-fifths of a person, temporarily resolving the contentious issue of slavery.
The Articles of Confederation's influence extended beyond the structure of Congress. The framers of the Constitution drew on British and state precedents when establishing requirements for membership in the House and Senate. They set age, citizenship, and inhabitancy qualifications while voting against proposed religion and property requirements. The three-class system of the Senate, with staggered elections, was inspired by precedents set by state governments. The final version of the Constitution, signed by the delegates on September 17, 1787, represented a significant departure from the Articles of Confederation, establishing a powerful central government.
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Frequently asked questions
The US Constitution was influenced by several historical documents, including the Magna Carta, the Charters of the Virginia Company of London, the Virginia Declaration of Rights, the Declaration of Independence, the Articles of Confederation, and the Virginia Statute for Religious Freedom.
The US Constitution was written in 1787, just a few years after the Revolutionary War. The Articles of Confederation, America's first constitution, had given the Confederation Congress powers but no enforcement abilities, and the country was on the brink of collapse due to disputes over territory, war pensions, taxation, and trade. The framers of the Constitution aimed to create a powerful central government while balancing the interests and views of the individual states.
One of the fiercest arguments during the drafting of the Constitution was over congressional representation. Another key debate was the issue of slavery, with the delegates agreeing that the slave trade could continue until 1808. The characteristics of the Senate, including representation, the number of senators per state, qualifications for office, terms of service, and powers, were also the product of fierce debate and compromise.
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