Jonah Patel
The United States Constitution was influenced by several movements and historical documents. The Constitution, which came into effect in 1789, was shaped by the study of the Magna Carta, a 13th-century pact that limited the power of the English ruler. The Due Process Clause in the Constitution, for example, was based on the Magna Carta, which became a foundation of English liberty. The Enlightenment, with philosophers such as Montesquieu and John Locke, also inspired the idea of the Separation of Powers in the Constitution. The Constitution was also influenced by the first constitution, the Articles of Confederation, which gave the Confederation Congress rule-making and funding powers but lacked enforcement powers, the ability to regulate commerce, or print money. The writers of the Constitution, including James Madison, Alexander Hamilton, and George Washington, aimed to address these shortcomings and prevent the young country from collapsing.
| Characteristics | Values |
|---|---|
| Influenced by the study of | Magna Carta |
| Other federations, both ancient and extant | |
| Influenced by | Common law |
| Eighteenth-century Enlightenment philosophers, such as Montesquieu, John Locke, Edward Coke and William Blackstone | |
| The Due Process Clause | Partly based on common law and on Magna Carta |
| The idea of Separation of Powers | Inspired by eighteenth-century Enlightenment philosophers |
| The first ten amendments | Known collectively as the Bill of Rights |
| The Bill of Rights | Offer protections of individual liberty and justice |
| Place restrictions on the powers of the government within the U.S. states | |
| The Sixteenth Amendment (1913) | Removed existing Constitutional constraints that limited the power of Congress to lay and collect taxes on income |
| The Eighteenth Amendment (1919) | Prohibited the making, transporting, and selling of alcoholic beverages nationwide |
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What You'll Learn
The Magna Carta
The US Constitution was influenced by the study of the Magna Carta, a 13th-century pact that inspired America's Founding Fathers as they wrote the documents that would shape the nation. The Founding Fathers had just broken free from the British Empire, and the idea that foreign power could influence their young democracy was a prominent source of anxiety.
The Founding Fathers of the United States admired the charter's rebellious nature against the English throne. They saw the Magna Carta as a symbol of liberty and the natural rights of man against an oppressive or unjust government. The influence of the Magna Carta was felt at the Philadelphia Constitutional Convention in 1787, when the principles of due process and individual liberty were enshrined into law. The US Constitution's guarantee of a "'speedy trial' in the Sixth Amendment and the premise that "no person shall be deprived of life, liberty, or property, without due process of law" in the Fifth Amendment are also founded in the political thought that grew from the Magna Carta.
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The Declaration of Independence
The US Constitution was influenced by several factors, including existing documents and the desire to address the shortcomings of the young country's first constitution, the Articles of Confederation. The Articles of Confederation, which came into force in 1781, established a weak central government with no power to regulate commerce, print money, or enforce rules. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening to tear the country apart. As a result, a Constitutional Convention was assembled in Philadelphia in 1787 to revise the Articles. The delegates, representing diverse interests and views, created a powerful central government and set the terms for ratifying the new Constitution.
The Founding Fathers, including Benjamin Franklin and Thomas Jefferson, were also influenced by the Magna Carta, a 13th-century pact between medieval barons and King John of England that symbolised liberty and the natural rights of man against unjust government. The principles of due process and individual liberty, enshrined in the Magna Carta, were reflected in the Declaration of Independence and the Bill of Rights. The Founding Fathers aimed to create a Magna Carta for a new era, safeguarding individual liberty and establishing a strong central government to address the nation's challenges.
The influence of other countries, such as Spain and the United States, on the constitutional development of the Philippines, was also noted. Additionally, Sun Yat-sen of China was influenced by American democracy when seeking to overthrow the feudal system of the Qing dynasty.
The Constitution has undergone amendments to address various issues, expand individual rights, and modify government processes. The first ten amendments, known as the Bill of Rights, protect individual liberty and justice and restrict government powers. The Sixteenth Amendment, for example, expanded federal taxing authority, while the Eighteenth Amendment prohibited the production and sale of alcoholic beverages. The Constitution has been amended 27 times since it came into force in 1789, adapting to the evolving needs of the nation.
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The Articles of Confederation
In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. After three months of highly charged debate, the new Constitution was signed, which remains in effect today.
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The Revolutionary War
During the war, the 2nd Continental Congress became a quasi-government, and in 1781, they ratified the Articles of Confederation and Perpetual Union. This document created a loose confederation of states with a weak central government that had no enforcement powers, and couldn't regulate commerce or print money.
After the war, the United States faced several challenges, including disputes between the states over territory, war pensions, taxation, and trade. This period, from 1783 to 1789, became known as the "critical period", as the country's future hung in the balance. Many thought the young nation was on the brink of collapse, and in 1787, delegates from twelve states assembled in Philadelphia to revise the Articles of Confederation and create a new system of government.
The Constitutional Convention lasted for four months, and on September 17, 1787, 38 delegates signed the new Constitution, creating a powerful central government. The ratification campaign was hard-fought, with Federalists and Anti-Federalists battling over the future of the nation. The Constitution was finally ratified in 1788, and the new federal government began operating in 1789, marking the end of the critical period.
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The Bill of Rights
James Madison, initially an opponent of the Bill of Rights, played a crucial role in its creation. He studied the deficiencies of the Constitution pointed out by the Anti-Federalists and crafted a series of corrective proposals. Madison's amendments focused on rights-related changes, ignoring suggestions that would have structurally altered the government. He proposed amendments that emphasised the rights of individuals, such as freedom of speech, freedom of religion, and protection from unwarranted government intrusion, rather than the rights of states.
The House of Representatives initially approved 17 amendments, but the Senate approved only 12, which were sent to the states for ratification in August 1789. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, which became known as the Bill of Rights. These amendments established clear limitations on the federal government's power and provided specific guarantees of personal freedoms and natural and legal rights.
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Frequently asked questions
The US Constitution was influenced by the study of the Magna Carta, a 13th-century pact forced upon King John of England by rebellious barons. The Founding Fathers saw the pact as a symbol of liberty and the natural rights of man against oppressive rule.
The US Constitution's Due Process Clause was partly based on the Magna Carta and common law. The idea of the Separation of Powers was inspired by 18th-century Enlightenment philosophers such as Montesquieu and John Locke.
The Magna Carta outlined the theory of representative government, the idea of a supreme law, and judicial review. It also established the right to a trial by a jury of peers and the right to "life, liberty and property" without interference from the crown.
The Founding Fathers saw the Magna Carta as a symbol of the people's reassertion of rights against oppressive rulers. This influenced the creation of state constitutions, which included declarations of rights to protect citizens from the state government.
The Founding Fathers also considered the Virginia Declaration of Rights of 1776, which incorporated protections from the 1689 English Bill of Rights, as well as the broader principles of federations, both ancient and extant.
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