Influences On The Framers: Constitution Sources Explained

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The framers of the U.S. Constitution were influenced by various historical documents, political philosophies, and Enlightenment thinkers. They sought to address the specific challenges facing the nation at the time and establish foundational principles for the future. The Magna Carta, a significant source of inspiration, emphasized the rule of law and individual rights, shaping the framers' vision of a government with checks and balances. The Articles of Confederation, the first U.S. Constitution, also influenced the framers by highlighting the need for a stronger national government. Additionally, the ideas of John Locke, a 17th-century Englishman, were pivotal in redefining the nature of government and limiting its power. The framers drew on these and other sources, including European writers and previous constitutions, to create a framework for government that has endured for over 200 years.

Characteristics Values
Philosophical influences Ideas from philosophers such as Montesquieu, John Locke, Edward Coke, William Blackstone, Hume, and others
Historical influences The Magna Carta, ancient and modern federations, the Second Continental Congress, the Articles of Confederation, state constitutions, and the Iroquois League
Political influences The need to address issues with the Articles of Confederation, such as the lack of enforcement powers and the inability to regulate commerce or print money
Social influences The need to compromise on issues like congressional representation, slavery, and the balance of power between the states and the central government
Legal influences The inclusion of a due process clause, the separation of powers, and the recognition of individual rights and liberties
International influences Similarities with other constitutions, including borrowed passages and principles, have influenced other nations' constitutions

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Enlightenment thinkers, including John Locke

The US Constitution was influenced by several Enlightenment thinkers, including John Locke, an English philosopher whose works are considered foundational texts of modern philosophical empiricism and political liberalism. Locke's philosophy was rooted in the recognition of individual rights and equality, criticism of arbitrary authority, advocacy for religious tolerance, and an empirical and scientific temperament.

Locke's political theory directly influenced the US Declaration of Independence, which asserted natural individual rights and grounded political authority in the consent of the governed. This philosophy is known as the social contract, which posits that individuals are born into a state of nature without any knowledge or opinions, and that they come together to form a society and government by means of a contract among themselves. Locke also advocated for the separation of executive, legislative, and judicial powers, which was reflected in the form of government established by the US Constitution.

In addition to Locke, other Enlightenment thinkers who influenced the Framers of the Constitution included Thomas Hobbes and Jean-Jacques Rousseau, who also contributed to the social contract theory. The Framers themselves were also visionaries who sought to address the specific challenges facing the nation during their lifetimes while also establishing foundational principles to guide the new nation into the future. They understood that they were creating a framework for government that would need to be adapted and interpreted by future generations based on their intelligence, judgment, and experience.

The Framers of the Constitution were also influenced by writings and ideas from European writers. The 55 men who attended the Constitutional Convention in Philadelphia in 1787 were assigned to revise the Articles of Confederation but instead drafted a new constitution. Notable delegates included Benjamin Franklin, George Washington, James Madison, Alexander Hamilton, James Wilson, Gouverneur Morris, Edmond Randolph, and Roger Sherman.

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Magna Carta

The United States Constitution has been a notable model for governance worldwide, especially through the 1970s. Its influence is found in the principles of the rule of law, separation of powers, and recognition of individual rights. The Constitution became operational in 1789 and has been amended 27 times since.

The US Constitution was influenced by the study of the Magna Carta, among other federations, both ancient and extant. The Founding Fathers of the United States admired the charter's rebellious nature against the English throne. The writers of the Bill of Rights and state constitutions were inspired by concepts born in the Magna Carta, such as the idea that a government should be constitutional and that its power could be limited to protect individual rights.

The Magna Carta, or ""Great Charter", was a charter of rights agreed to by King John of England in 1215. It was Europe's first written constitution. Prior to the Magna Carta, English monarchs were considered above the law of the land and ruled with relatively absolute power. King John was pressured into agreeing to the Magna Carta by a group of rebellious medieval barons who demanded protection from the king's unbridled power.

The Magna Carta introduced legal concepts that persisted over time and came to be found in American law. Notably, its protections were given widely to all free men who held land, not just the Church and nobility. It assured them protection from illegal imprisonment, forming the basis for the concept of a habeas corpus petition. It also promised them all access to swift justice, an early promise of due process. The Magna Carta established a council of barons as a predecessor to Parliament, which monitored the king's actions to ensure he abided by the new law and rectified breaches of the law.

The influence of the Magna Carta is reflected in the US Constitution and the Bill of Rights. The phrase "by the law of the land", which is used to describe the US Constitution, originates from the Magna Carta. The Due Process Clause of the Constitution was partly based on the Magna Carta, which had become a foundation of English liberty against arbitrary power. The idea of the Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke.

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Virginia Statute for Religious Freedom

The United States Constitution has served as a model for governance worldwide, influencing the principles of the rule of law, separation of powers, and recognition of individual rights. It was influenced by the study of the Magna Carta and other federations, both ancient and modern. The Due Process Clause, for instance, was based on common law and the Magna Carta, which had become a foundation of English liberty against arbitrary power. The idea of the separation of powers was inspired by 18th-century Enlightenment philosophers such as Montesquieu and John Locke.

One of the key influences on the US Constitution was the Virginia Statute for Religious Freedom, drafted in 1777 by Thomas Jefferson in Fredericksburg, Virginia. The statute was introduced into the Virginia General Assembly in Richmond in 1779 and enacted into state law on January 16, 1786. It disestablished the Church of England in Virginia and guaranteed freedom of religion to all, regardless of faith. The statute was a precursor to the First Amendment to the US Constitution, specifically the Establishment Clause and Free Exercise Clause.

The Virginia Statute for Religious Freedom affirmed the rights of Virginians to choose their faith without coercion, separating church and state. It declared that no person should be compelled to attend or support any religious worship or institution and that they should not be penalised for their religious opinions or beliefs. The statute also acknowledged the right of future assemblies to change the law, but asserted that doing so would infringe on natural rights.

The statute was considered one of Thomas Jefferson's greatest achievements, and he had it translated into French and Italian for widespread distribution. James Madison, who was instrumental in passing the statute, described it as "a true standard of Religious liberty" and a safeguard against "usurpations on the rights of conscience". The statute played a critical role in shaping American religious freedom and influenced the First Amendment of the US Constitution. It was also cited in US Supreme Court cases, including Reynolds v. United States and Everson v. Board of Education, as a definition of religious freedom and the protection against governmental intrusion on religious liberty.

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European writers

The writers of the US Constitution, also known as the Framers, were influenced by the writings and ideas of several European Enlightenment thinkers. These included the French social and political philosopher Montesquieu, and the English philosopher John Locke.

In a speech at the Constitutional Convention, Benjamin Franklin stated:

> 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.

Thomas Jefferson, who is credited with writing the first draft of the Declaration of Independence, agreed with Franklin's sentiment. He believed that most European governments were autocratic monarchies that were incompatible with the egalitarian character of the American people. In a 1787 letter to John Rutledge, Jefferson asserted that "The only condition on earth to be compared with [American government]...".

The ideas of unalienable rights, the separation of powers, and the structure of the Constitution were largely influenced by these European Enlightenment thinkers. However, the Framers also included their own original ideas, and the US Constitution has since become a notable model for governance worldwide.

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Previous constitutions

The US Constitution was influenced by previous constitutions and the study of other federations, both ancient and extant. The first constitution in America was the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The disputes between the states over territory, war pensions, taxation, and trade threatened to tear the young country apart. This led to the creation of a new constitution.

The US Constitution was also influenced by the Magna Carta, which became the foundation of English liberty against arbitrary power. The Due Process Clause of the US Constitution was partly based on common law and the Magna Carta. The idea of the separation of powers in the US Constitution was inspired by 18th-century Enlightenment philosophers such as Montesquieu and John Locke. Other political philosophers who were frequently referred to at the time include Edward Coke and William Blackstone.

The US Constitution has also influenced the constitutions of other nations. For example, President Benito Juarez of Mexico implemented practices like judicial review when introducing more liberal policies into the Mexican constitution. He drew inspiration from the US Constitution because of its republican and democratic practices. Several Latin American countries followed suit in the 19th and 20th centuries by developing similar constitutions and a federalist framework of government.

Frequently asked questions

The framers of the US Constitution drew on a variety of sources, including the writings and ideas of European Enlightenment thinkers such as John Locke, who redefined the nature of government and advocated for the protection of people's rights. They also looked to historical documents, including the Magna Carta, the Virginia Declaration of Rights, the Declaration of Independence, the Articles of Confederation, and the Virginia Statute for Religious Freedom.

The framers were influenced by the principles of natural law, social contract, religious tolerance, and the right to revolution. They also believed in limiting the power of the national government and providing for a separation of powers or three separate branches of government to prevent tyranny and ensure freedom.

The Federalist Papers essays, written in defence of the new Constitution and published in 1787 and 1788, provided a blueprint for the document. Two letters written by George Washington, the noted American framer and first President of the United States, also influenced the process.

The framers understood that they were creating a framework for future generations to build upon and adapt to changing circumstances. They sought to establish foundational principles that would endure and guide the new nation into an uncertain future, recognising that their broad principles would require ongoing interpretation and definition.

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