The First Written Constitution: A New World Order

The United States Constitution is the oldest and longest-standing written and codified national constitution in force in the world. However, the first written constitution in the New World was the Fundamental Orders of Connecticut, drafted by Puritans in 1639. This document was the first complete, written constitution in the history of the world and the first complete self-government by the people. The US Constitution was signed by 38 delegates on September 17, 1787, and ratified by 9 of the 13 states.

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The Fundamental Orders of Connecticut

The Fundamental Orders were adopted by the Connecticut Colony council on January 14, 1639 (Old Style date; January 24, New Style). It established Connecticut as a self-ruled colony, with the elected general court holding supreme authority and no reference to the British Crown or any external power. The orders describe the government set up by the Connecticut River towns, defining its structure and powers. The towns of Windsor, Hartford, and Wethersfield, which had previously cooperated under a simple form of government composed of magistrates and representatives from each town, were now united under the Fundamental Orders.

The 11 orders followed the Massachusetts government model and were consistent with 17th-century trading company charters. They called for the convening of general courts every April and September. During the April Court of Election, a governor and six magistrates were chosen, with a restriction that no man could serve as governor more than once every two years until 1660. The deputies from each town made nominations for the election at the September General Court to prevent hasty decisions.

The Corsican Constitution

The Corsican Republic was a short-lived state, but it had a significant impact on the democratic principles that would later be adopted by other nations. The constitution gave legislative power to a People's Assembly, with a three-headed executive led by Luca D'Ormano, Paoli, and Giafferi. It also established a legislature called the Corsican Diet or Consulta Generale, composed of over 300 members who were elected by acclamation from each parish for three-year terms. The Diet had the power to enact laws, regulate taxation, and determine national policy.

The Corsican Republic also founded an administration and justice system and established an army, which successfully drove the Genoese from most of the island except for a few coastal towns. Paoli introduced reforms and founded a university in the city of Corte, where Italian was the official language. The Corsican flag, which featured a Moorish head alluding to the ancient Kingdom of Aragon, was also adopted during this time.

The aspiration for Corsican independence and the democratic principles of the Corsican Republic were later revived by Paoli in the Anglo-Corsican Kingdom of 1794–1796, but British efforts to defend the island failed, and the French regained control. The Corsican Constitution, however, stands as a significant milestone in the history of constitutionalism and democratic governance.

The US Constitution

The Constitution was inscribed by Jacob Shallus on parchment. The original document is on display in the Rotunda at the National Archives Museum. The four-page document acted as a merger, uniting a group of states with different interests, laws, and cultures. It vested the power of the union in the people, establishing a powerful central government.

The 52-word preamble introduces the articles and amendments that follow. The seven articles make up the structural constitution. The first three articles define the structure of the federal government, including the legislative, executive, and judicial branches. The fourth article describes the relationship between the states and the federal government, while the fifth article outlines the process of amending the Constitution. The sixth article establishes the Constitution as the supreme law of the land, and the seventh article sets out the process for its ratification.

The 27 amendments to the Constitution reflect the changing nature of American society and values. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791, and include guarantees of freedom of speech, religion, and assembly, as well as the right to keep and bear arms. Other amendments address issues such as the abolition of slavery, the extension of voting rights, and the establishment of income tax.

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The role of the Supreme Court

The first written constitution in the New World was the "Fundamental Orders," adopted by representatives of Wethersfield, Windsor, and Hartford in Hartford, Connecticut, in 1639. This served as the first constitution in the American colonies.

The Supreme Court is the highest court in the United States, and it plays a crucial role in the country's constitutional system of government. Here are some key aspects of its role:

• Ensuring Checks and Balances: The Supreme Court ensures that each branch of the government recognizes and abides by the limits of its power. This power of judicial review is not explicitly mentioned in the Constitution but was established in the Marbury v. Madison case in 1803. The Court can declare a Legislative or Executive act in violation of the Constitution, ensuring that no branch exceeds its authority.
• Protecting Civil Rights and Liberties: The Supreme Court safeguards civil rights and liberties by striking down laws that violate the Constitution. It ensures that the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law, are upheld.
• Setting Limits on Democratic Government: The Court helps set appropriate boundaries on democratic governance. It ensures that popular majorities cannot pass laws that harm or take advantage of unpopular minorities. This role helps maintain a balance between majority rule and protecting the rights of minorities.
• Interpreting the Constitution: The Supreme Court interprets the Constitution and sets precedents that guide lower courts. This interpretive role influences how the Constitution is understood and applied in practice.
• Jurisdiction: The Supreme Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over a wide range of cases involving constitutional or federal law. The Court can exercise discretion in deciding whether to hear certain cases on appeal.
• Size and Membership: While the Constitution does not specify the size of the Supreme Court, Congress has the power to determine its size and membership. The Judiciary Act of 1789 established a six-member Supreme Court, including a chief justice and five associate justices. Today, the Court consists of nine members: one chief justice and eight associate justices.
• Criticisms and Controversies: The Supreme Court has faced criticisms and controversies throughout its history. Some critics argue that the Court has weakened corruption laws, issued decisions that favour government power, or contributed to polarization in the country. There have also been calls for greater transparency and ethical standards in the Court's processes.

The separation of powers

The "Fundamental Orders", the first constitution in the American colonies, was adopted by representatives of Wethersfield, Windsor, and Hartford in Connecticut in 1639. The separation of powers is a political doctrine that divides governmental power among three branches: the legislative, the executive, and the judiciary. This principle is derived from the text and structure of the US Constitution, influenced by the writings of Charles de Secondat, Baron de Montesquieu, who argued for a constitutional government with three distinct branches, each with defined authority to check the powers of the others.

The Framers of the US Constitution, influenced by their experience with the British monarchy, believed that concentrating governmental powers in a single entity would lead to arbitrary and oppressive rule. As a result, they created a system of checks and balances, where each branch of the government has specific powers and can limit the powers of the other branches. This separation of powers is not explicitly mentioned in the Constitution, but it is implied through various provisions. For example, Article I, Section 7 of the Constitution requires that legislation passed by Congress be presented to the President for signature or veto before becoming law.

The Legislative Power of the Federal Government is vested in Congress, which has the authority to prescribe laws and regulations, including those related to the armed forces. The Executive Power is vested in the President, who serves as the civilian Commander-in-Chief of the military and has the power to declare war, raise and maintain armed forces, and appoint military leaders, subject to Senate confirmation. The Judicial Power is vested in the Supreme Court and any lower courts created by Congress, which have the authority to interpret the laws and review the actions of the other branches.

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