Malcolm Rivera
The US Constitution was influenced by the study of the Magna Carta and other federations, both ancient and modern. The Due Process Clause of the Constitution was partly based on common law and on the Magna Carta, which became a foundation of English liberty against arbitrary power. The three documents known as the Charters of Freedom: the Declaration of Independence, the Constitution, and the Bill of Rights, are considered to be the cornerstone of a type of civil religion, having secured the rights of the American people for over two centuries.
| Characteristics | Values |
|---|---|
| Date of signing | 17 September 1787 |
| Author | Jacob Shallus |
| Display | The Rotunda at the National Archives Museum |
| Basis | Magna Carta, federations, common law, philosophy of Enlightenment thinkers such as Montesquieu and John Locke |
| Purpose | To form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote general welfare, secure the blessings of liberty |
| Powers | All legislative powers are vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| Amendments | The first 10 amendments make up the Bill of Rights, which defines citizens' and states' rights in relation to the government |
| Other | The Constitution is considered one of the three Charters of Freedom, along with the Declaration of Independence and the Bill of Rights |
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What You'll Learn
The Declaration of Independence
The Declaration explains why the Thirteen Colonies regarded themselves as independent sovereign states no longer subject to British colonial rule. It states that the colonies are "Free and Independent States" with full power to levy war, conclude peace, contract alliances, establish commerce, and perform other acts that independent states may rightfully do.
The Declaration also outlines a number of grievances against King George III, including the suspension of colonial legislatures, the imposition of standing armies without the consent of legislatures, the cutting off of trade, the abolition of valuable laws, and the waging of war against the colonies.
The Second Continental Congress initially lacked the authority to declare independence, as delegates were bound by instructions from 13 different governments. However, with growing popular support for independence, Congress eventually took this momentous step, committing an act of high treason against the British Crown.
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The Bill of Rights
The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215). The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.
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The Magna Carta
In the early 17th century, the Magna Carta became a crucial political document in disputes over the authority of the English monarchy. Opponents of monarchs like James I and Charles I, who advocated for greater authority for the Crown, used the Magna Carta to challenge the monarchy. They argued that the Magna Carta protected individual liberties and made the king subject to the law, thus preventing the monarch from altering established customs.
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The Virginia Declaration of Rights
The Declaration affirms the inherent nature of rights to life, liberty, property, and the pursuit and attainment of happiness and safety. It also describes a view of government as the servant of the people, enumerating its separation of powers into the administration, legislature, and judiciary.
Articles 1–3 address the subject of rights and the relationship between government and the governed. Articles 7–16 propose restrictions on the powers of the government, declaring that the government should not have the power to suspend or execute laws without the consent of the people's representatives. It also establishes legal rights, including the right to be confronted by accusers and witnesses, to call and present evidence, protection from self-incrimination, the right to a speedy trial by an impartial jury, protection against cruel and unusual punishments, freedom of the press, and freedom of religion.
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The English Bill of Rights
One notable provision in the English Bill of Rights is the right to petition the king. It asserts that any commitments or prosecutions arising from such petitions are unlawful. This provision reflects the growing importance of individual liberties and the recognition that the monarch is not above the law. The Bill also guarantees the right to bear arms for self-defence for Protestant subjects, provided they meet the conditions prescribed by law.
Moreover, the English Bill of Rights had a broader impact beyond England. It served as a model for significant international declarations, including the United Nations Declaration of Human Rights and the European Convention on Human Rights. The Bill's principles and protections inspired and guided the drafting of these foundational documents, further extending the influence of the English Bill of Rights on a global scale.
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Frequently asked questions
The founding documents of the United States are the Declaration of Independence, the Constitution, and the Bill of Rights.
The Declaration of Independence expresses the ideals on which the United States was founded and the reasons for its separation from Great Britain.
The US Constitution defines the framework of the Federal Government of the United States.
The Bill of Rights defines citizens' and states' rights in relation to the government. The first ten amendments to the Constitution make up the Bill of Rights.
The first amendment prohibits the establishment of religion by Congress and protects the freedom of speech, the freedom of the press, and the freedom of assembly. The second amendment protects the right of the people to keep and bear arms. The third amendment prohibits the quartering of soldiers in civilian homes without consent.
