Founding Fathers: Historical Influences On Constitution Writers

The writers of the United States Constitution drew on a variety of historical precedents, including the European Enlightenment, with its emphasis on personal liberties and the advancement of individual rights. The political philosophies of Enlightenment thinkers like Montesquieu, Locke, Edward Coke, and William Blackstone influenced the structure of the Constitution, particularly the separation of powers and the idea of unalienable rights. The Founding Fathers were also inspired by the Magna Carta, a 13th-century pact that symbolised liberty and the natural rights of man against unjust governments. The principles of due process and individual liberty enshrined in the Magna Carta were reflected in the Constitution and the Bill of Rights. Additionally, the Northwest Ordinance of 1787, which established the organisation of territories outside the original 13 states, also set a precedent for the structure and governance of these new territories. The influence of the Iroquois Confederacy has also been suggested, with its federalist principles potentially impacting the thinking of the Constitution's writers, although this theory has been criticised by some historians.

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The European Enlightenment

One of the most significant contributions of the European Enlightenment to the US Constitution was the concept of popular sovereignty, which holds that the ultimate power rests not with a monarch or an elite group but with the people themselves. This idea, championed by Enlightenment thinkers like Jean-Jacques Rousseau, is reflected in the US Constitution through the process of regular elections, where citizens can directly influence their government by selecting their leaders.

The Enlightenment also influenced the structure of the US government, with Enlightenment thinkers advocating for a mixed government that combines elements of monarchy, aristocracy, and democracy. This idea, elaborated by Montesquieu and others, suggested that dividing government authority among three branches—executive, legislative, and judicial—would prevent tyranny and protect individual liberties. This system of checks and balances, deeply influenced by Montesquieu's writings, became a cornerstone of American political philosophy and was incorporated into the US Constitution to maintain equilibrium within the federal government.

The writings of John Locke, an Enlightenment philosopher, also had a significant impact on the US Constitution. Locke's theory of natural rights, which asserts that individuals are born with inherent rights to life, liberty, and property, resonated with Thomas Jefferson, the principal author of the Declaration of Independence. This can be seen in Jefferson's famous assertion that all men are endowed with "unalienable Rights," including "Life, Liberty and the pursuit of Happiness."

Another Enlightenment ideal that influenced the US Constitution was the Rule of Law, which holds that a just society is governed by established and transparent laws rather than the whims of individuals. This concept, advocated by Enlightenment thinkers, promoted stability and predictability while protecting the fundamental rights and freedoms of citizens.

In conclusion, the European Enlightenment played a pivotal role in shaping the US Constitution, with its ideas of popular sovereignty, mixed government, checks and balances, natural rights, and the Rule of Law. These Enlightenment principles helped create a resilient republic grounded in the ideals of liberty and equality, a legacy that continues to define American democracy.

Iroquois Confederacy

The Iroquois Confederacy, also known as the Haudenosaunee Confederacy, is believed by some to have influenced the writers of the US Constitution. The Iroquois Confederacy was a multi-state government formed by six nations: the Mohawks, the Onondaga, the Cayuga, the Oneida, the Seneca, and the Tuscarora. Each nation ruled itself while enjoying the peace and support brought by the Confederacy. This "stacked-government model" may have influenced the constitutional framers' thinking.

The Iroquois Confederacy dates back several centuries to when the Great Peacemaker founded it by uniting five nations. In 1722, the Tuscarora nation joined the Iroquois, also known as the Haudenosaunee. The Confederacy established the Gayanesshagowa, or the Great Law of Peace, as its governing principle in 1142. The Law of Peace includes its Chiefs, Clan Mothers, and Faith Keepers, who form the regulatory bodies of the Confederacy. The Clan Mothers have been compared to a high court; they serve for life, are selected by consensus, and have the authority to remove council members.

The Iroquois Confederacy was one of the most democratic forms of government that any of the convention members had personally encountered. In 1787, the delegates to the Constitutional Convention met to debate what form of government the United States should have, and there were no contemporary democracies in Europe from which they could draw inspiration. While the ideas of unalienable rights, the separation of powers, and the structure of the Constitution were largely influenced by European Enlightenment thinkers like John Locke and Montesquieu, the Iroquois Confederacy provided a real-life example of some of the political concepts the framers were interested in adopting.

In 1744, the Onondaga leader Canassatego gave a speech urging the contentious 13 colonies to unite, as the Iroquois had at the signing of the Treaty of Lancaster. This cultural exchange inspired Benjamin Franklin to print Canassatego's speech. Franklin stated at the Constitutional Convention:

> We have gone back to ancient history for models of Government, and examined different forms of those Republics [...] And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances.

In 1987, Oren Lyons, a Faithkeeper for the Iroquois Confederacy, went to the Senate Select Committee on Indian Affairs and discussed the influence of the Iroquois Confederacy on the US Constitution. This motivated the committee's chair, Daniel Inouye, to help Congress pass a 1988 resolution formally acknowledging the influence of the Iroquois Confederacy on the US Constitution. The resolution also reaffirmed the "continuing government-to-government relationship between Indian tribes and the United States established in the Constitution."

Magna Carta

The Magna Carta, or the "Great Charter", was a 13th-century pact that heavily influenced the writers of the US Constitution. In 1215, a group of rebellious barons forced King John of England to agree to a list of concessions, which later became known as the Magna Carta. This document was a charter of rights that limited the king's absolute claim to power and introduced the concept of a legal system by which the king had to abide, thereby protecting the clergy and nobility. The Founding Fathers of the United States admired the charter's rebellious nature and the ideas it came to represent, such as individual liberty and the limitations of governmental power.

The Magna Carta's influence can be seen in the structure and content of the US Constitution. Firstly, the phrase "by the law of the land", which is used in the US Constitution, originates from the Magna Carta. The Magna Carta established the idea that the government should be bound by the law of the land, rather than being above it. This concept of a constitutionally limited government is a key principle in the US Constitution.

Secondly, the Magna Carta introduced the idea of individual rights and freedoms, which became central to the US Constitution. While the Magna Carta primarily protected the rights of barons, it marked the beginning of the concept of limiting the power of governments or monarchs who claimed absolute rule. The Founding Fathers sought to create a Magna Carta for a new era, where individual liberties and natural rights were protected against oppressive or unjust governments.

Thirdly, the Magna Carta's impact can be seen in the Bill of Rights, the first ten amendments to the US Constitution. Specifically, amendments five through seven, which set ground rules for a fair and speedy jury trial, echo the Magna Carta's protections against illegal imprisonment and assurance of swift justice. Additionally, the Eighth Amendment's prohibition of excessive bail and fines can be traced back to the Magna Carta's clause on proportional fines.

In conclusion, the Magna Carta served as a crucial historical precedent for the writers of the US Constitution. Its principles and ideas, including limited governmental power, individual rights, and due process, inspired the Founding Fathers as they crafted a constitution that sought to protect individual liberty and establish a constitutional government. The Magna Carta's influence extended beyond the text of the US Constitution, as it became a symbol of liberty and a foundation for political thought in both England and the United States.

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The Scottish Enlightenment

While the European Enlightenment thinkers like Montesquieu and John Locke had a notable influence on the concepts of unalienable rights and the separation of powers in the Constitution, the Scottish Enlightenment contributed distinctively to the development of American political thought. Benjamin Franklin, one of the key figures in the creation of the Constitution, was known to have studied and admired the works of Scottish philosopher David Hume, embracing ideas such as the elimination of salaries for high-ranking public officials.

While some scholars, like Herbert W. Schneider, have emphasized the importance of the Scottish Enlightenment in American political thought, others have questioned the uniqueness of its influence. The thesis by Mackenzie in 2012 explores how the Scottish Enlightenment influenced the drafting of the Constitution and the establishment of a constitutional republic. Additionally, Garry Wills' book published in 1978 sparked a discussion on the relevance of the Scottish Enlightenment to the American Revolutionary generation, highlighting the impact of eighteenth-century Scottish moral philosophy.

Overall, the Scottish Enlightenment played a significant role in influencing the writers of the Constitution by contributing to the advancement of personal liberties, encouraging reasoned public discourse, and shaping the philosophical debates that guided the creation of a constitutional republic in the United States.

The Articles of Confederation

The weaknesses of the Articles of Confederation became apparent over time. The central government lacked essential powers, such as regulating foreign policy, commerce, and taxation. The government's limitations were highlighted by events like Shays's Rebellion, which threatened the state government of Massachusetts. The inability to address internal conflicts and the accumulation of war debts during the Revolutionary War further exposed the shortcomings of the Articles.

In response to these challenges, delegates from various states convened at the Constitutional Convention in Philadelphia in May 1787 to revise the Articles. However, they ultimately decided to create a new constitution, significantly increasing the power of the central government. The new constitution, signed in 1787, established a bicameral legislature with a House of Representatives and a Senate, and it granted Congress control over interstate commerce and taxation.

While the Articles of Confederation had its shortcomings, it played a crucial role in enabling the young nation to wage war against Britain, establish a constitutional union, and lay the foundation for the new republic. It served as a stepping stone, providing valuable lessons and influencing the creation of a more robust and effective government for the United States.

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