Malcolm Rivera
The US Constitution was influenced by several historical documents, notably the Magna Carta, which shaped the understanding of representative government, the idea of a supreme law, and judicial review. The Virginia Declaration of Rights, written by George Mason in 1776, also played a significant role, influencing both the Declaration of Independence and the Bill of Rights. The Articles of Confederation, America's first constitution, and the Virginia Statute for Religious Freedom further contributed to the development of the US Constitution. The Mayflower Compact and the Fundamental Orders of Connecticut are also considered early influences, as they established the idea of self-government and outlined governing structures. These documents, along with the Charters of the Virginia Company of London, provided a foundation for the core principles and structure of the US Constitution.
| Characteristics | Values |
|---|---|
| Documents that influenced the writing of the US Constitution | Magna Carta, Charters of the Virginia Company of London, Virginia Declaration of Rights, Declaration of Independence, Articles of Confederation, Virginia Statute for Religious Freedom, Mayflower Compact, Fundamental Orders of Connecticut, Great Law of Peace of the Iroquois |
| The role of the Magna Carta | Influenced the theory of representative government, the idea of a supreme law, and judicial review |
| The role of the Virginia Declaration of Rights | Influenced the Declaration of Independence and the Bill of Rights of the Constitution |
| The role of the Mayflower Compact | Established a political covenant where the signers consented to self-government |
| The role of the Fundamental Orders of Connecticut | Established a more extensive charter and governing structure, such as a legislative general assembly and governor, and protocols for towns to select their representatives |
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What You'll Learn
The Magna Carta
The document also provided a certain level of religious freedom or independence from the crown and limited the taxes the crown could impose on the barons. These concepts of individual rights and limitations on governmental power matured over time and became central to the US Constitution. The Founding Fathers, including Thomas Jefferson, were influenced by these ideas as they drafted the Declaration of Independence and the Constitution.
The influence of the Magna Carta was felt at the Philadelphia Constitutional Convention in 1787, where the principles of due process and individual liberty were enshrined into law. The constitutional framers admired the document's rebellious nature against the English throne and sought to create a government that was limited by a constitution. The Magna Carta's impact extended beyond the federal level, as most state constitutions included declarations of rights intended to guarantee individual citizens protections and immunities from state governments.
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The Virginia Company of London's Charters
The Virginia Company of London was a company established by wealthy merchants in Renaissance England to find investment opportunities. The company was granted a charter by the Crown, which allowed it to explore, settle, and trade in a particular region of the world, in this case, the eastern coast of North America. The territory granted to the company included the area from the 34th parallel at Cape Fear to the 41st parallel in Long Island Sound, with the portion north of the 38th parallel shared with the Plymouth Company.
The company's charter was adjusted in 1609 after the dissolution of the Plymouth Company, with a new grant extending its territory from "sea to sea" between the 38th and 40th parallels. This charter, known as the "Ordinance and Constitution of the Virginia Company in England," replaced military law with common law and provided for land ownership for settlers in the colony. It also established a precedent for self-governance, as it allowed for the establishment of a legislative body composed of the governor and representatives from the colony's regions.
The second charter proved to be a significant stimulus to the Virginia enterprise, attracting investment from various social classes, including the landed aristocracy, gentry, merchants, and yeomen. The third charter further refined the principles enunciated in the second, incorporating them into the development of a parliamentary system and the American form of government.
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The Virginia Declaration of Rights
The document consists of sixteen articles on the subject of which rights "pertain to [the people of Virginia]... as the basis and foundation of Government". It affirms the inherent nature of rights to life, liberty, property, and the pursuit and attainment of happiness and safety. The Declaration describes a view of government as the servant of the people, and enumerates its separation of powers into the administration, legislature, and judiciary.
Articles 1–3 address the subject of rights and the relationship between the government and the governed. The Declaration states that all men are "equally free and independent" and have certain inherent rights, which they cannot deprive their posterity of. This included the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
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 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.
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The Declaration of Independence
The document also set a precedent for the rule of law and judicial review, which became key features of the US constitutional system. The ideals enshrined in the Declaration of Independence provided a framework for the rights and freedoms that would be guaranteed by the Constitution. This includes the right to "life, liberty, and property," as well as the principles of due process and proportional justice.
Additionally, the Declaration of Independence's influence extended beyond the text of the Constitution. It inspired and guided the founding fathers during the Constitutional Convention, reminding them of the core values they sought to protect and promote. The Declaration's emphasis on individual rights and limitations on government power informed the structure and function of the federal government outlined in the Constitution.
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The Articles of Confederation
Another significant issue with the Articles of Confederation was its inability to regulate commerce between the states and with foreign nations. This led to disputes over trade and territory, as states pursued their economic interests without a unified national framework. The Articles also did not grant the central government the power to levy taxes or print money, further limiting its ability to manage the economy and fund its operations.
The lack of a strong central authority under the Articles of Confederation resulted in a fragile union. States often acted in their self-interest, and their disagreements over war pensions, taxation, and trade threatened to tear the country apart. Recognizing these dangers, leaders such as James Madison, Alexander Hamilton, and George Washington advocated for a stronger central government and played pivotal roles in convening the Constitutional Convention in 1787 to address these issues.
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