Founding Fathers: Constitution's Historical Document Inspiration

what historical documents was the constitution modeled after

The US Constitution, written in 1787, ratified in 1788, and in operation since 1789, is the world's longest-surviving written charter of government. It was influenced by several historical documents, including the Virginia Declaration of Rights, written by George Mason in 1776, the Mayflower Compact, signed by Pilgrim voyagers in 1620, and the Fundamental Orders of Connecticut in 1639. The Great Law of Peace of the Iroquois has also been cited as a possible influence, though this is contested. The US Constitution set up the foundation of the US government, including its purpose and structure, and is considered one of the Charters of Freedom, along with the Declaration of Independence and the Bill of Rights.

Characteristics Values
Date of adoption September 17, 1787
Date of display at the Library of Congress February 28, 1924
Number of amendments 27
First 10 amendments The Bill of Rights
Date of ratification of the Bill of Rights 1791
Date of writing 1787
Date of ratification 1788
Date of operation 1789
Date of Independence from the British Empire July 4, 1776
Date of the first draft August 6, 1787
Influences Mayflower Compact, Virginia Declaration of Rights, Great Law of Peace of the Iroquois, Fundamental Orders of Connecticut

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The Declaration of Independence

Additionally, the works of English philosopher John Locke, who expanded the notion of the social contract between the governed and the governing, greatly influenced Thomas Jefferson, one of the drafters of the Declaration. Locke's influence can be seen in the Declaration's emphasis on natural rights and individual freedoms.

Other influences include the Scottish Enlightenment, particularly the work of Francis Hutcheson, and the ideas of Swiss jurist Jean-Jacques Burlamaqui. Jefferson's immediate sources were also his own draft of the preamble of the Constitution of Virginia and George Mason's draft of the Virginia Declaration of Rights, which was influenced by the 1689 English Declaration of Rights that formally ended the reign of King James II.

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The Bill of Rights

The amendments in the Bill of Rights include the right to free speech, freedom of the press, freedom of religion, the right to assemble, and the right to bear arms. It also includes protections such as due process and trial by jury. The Bill of Rights had little judicial impact for the first 150 years of its existence, with the Supreme Court making no important decisions protecting free speech rights until 1931.

The original copy of the Bill of Rights was transcribed and is on permanent display in the Rotunda of the National Archives Building in Washington, D.C.

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The Magna Carta

The charter included provisions for a free church, law and justice reform, and the control of royal officials' behaviour. One of its 63 clauses tasked the barons with choosing 25 representatives to serve as a "form of security" to ensure the preservation of the rights and liberties that had been enumerated. The Magna Carta guaranteed that government, royal or otherwise, would be limited by the written law of the land.

The historian Wilfred Warren notes that the Magna Carta's attempt to coerce the king was almost inevitably going to result in civil war, as it was "crude in its methods and disturbing in its implications". Indeed, King John and the rebel barons did not trust each other, and neither side seriously attempted to implement the peace accord. Despite this, the Magna Carta has endured as a powerful symbol of liberty, often cited by politicians and campaigners, and is held in great respect by the British and American legal communities.

King John's successor, Henry III, reissued the Magna Carta on November 12, 1216, in an attempt to recall the allegiance of rebellious barons who were supporting French King Louis VIII's efforts to seize control of England. It was reissued again in 1217, 1223, and 1225, with alterations, as part of a peace treaty. Henry's son, Edward I, confirmed the charter as part of England's statute law in 1297. While the original 1215 Magna Carta is no longer in force, three clauses from it remain in force in England and Wales, enshrined in the 1297 reissued version.

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The Mayflower Compact

The compact set forth principles of tolerance and liberty for the government of a new colony in the New World. It expressed four main ideals: deep faith and belief in God and His divine guidance, deep loyalty to native England and to the King, mutual regard for one another as equals in the sight of God, and the intent to establish just and equal laws upon which a truly democratic form of government would be built.

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The Great Law of Peace of the Iroquois

The Iroquois Great Law of Peace, also known as the Iroquois Constitution, is an oral constitution represented by symbols on wampum belts, which are belts made of shell beads. The constitution was conceived by Dekanawidah, known as the Great Peacemaker, and his spokesman Hiawatha, chief of the Onondaga tribe. The law was ratified by the original five member nations (the Mohawk, Onondaga, Oneida, Cayuga, and Seneca peoples) near modern-day Victor, New York, with a sixth nation, the Tuscarora, being added in 1722.

The Great Law of Peace united the five nations into a League of Nations, or the Iroquois Confederacy, which became the basis for the Iroquois Confederacy Constitution. Each nation maintained its own leadership, but they agreed that common causes would be decided in the Grand Council of Chiefs, with a focus on peace and consensus rather than fighting. The united Iroquois nations are symbolized by an eastern white pine tree, called the Tree of Peace.

The influence of the Great Law of Peace on the U.S. Constitution has been debated by scholars. Some argue that the Iroquois model influenced Benjamin Franklin, James Madison, and other framers of the U.S. Constitution. For example, Franklin referenced the Iroquois model when he presented his Plan of Union at the Albany Congress in 1754, and he invited the Great Council members of the Iroquois to address the Continental Congress in 1776. Additionally, the U.S. Congress passed Concurrent Resolution 331 in 1988 to recognize the influence of the Iroquois Constitution on the American Constitution and Bill of Rights.

However, others argue that there are significant differences between the Great Law of Peace and the original U.S. Constitution, such as the denial of suffrage to women and majority rule rather than consensus in the original Constitution. Additionally, critics of the Iroquois-influence theory point out differences in the division of powers and other aspects of the two forms of government.

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Frequently asked questions

The US Constitution was influenced by several historical documents, including the Magna Carta, the Mayflower Compact, the Fundamental Orders of Connecticut, the Virginia Declaration of Rights, and the Great Law of Peace of the Iroquois. The US Constitution was also influenced by the study of other federations, both ancient and extant, as well as the ideas of Enlightenment philosophers such as Montesquieu and John Locke.

The US Constitution was created to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty for the citizens of the United States. It was designed to address the shortcomings of the Articles of Confederation, which was the country's first constitution and gave the Confederation Congress limited powers.

The US Constitution was written by a group of delegates, including James Madison, Alexander Hamilton, and George Washington, who were concerned about the weaknesses of the Articles of Confederation and feared that the young nation was on the brink of collapse. The delegates assembled in Philadelphia in May 1787 for the Constitutional Convention and engaged in heated debates over the course of three months. The final document was signed by 39 delegates on September 17, 1787.

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