Isabella Carter
The first written constitution in the Western Hemisphere was the Fundamental Orders, adopted in 1639 in Hartford, Connecticut. It was the first written constitution in the world to declare the modern idea that the foundation of authority is in the free consent of the people. The American Constitution, ratified in 1787, was the first complete written national constitution and remains one of the longest-lived and most emulated constitutions in the world.
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What You'll Learn
The first written constitution in the world
The idea of a single written constitution gained popularity worldwide after the ratification of the American Constitution. The American Constitution was not the first written constitution, but it was the first complete written national constitution. The American Constitution is considered special in its history, elaborate system of checks and balances, constrained list of rights, and sparseness. It served as a model for the construction of long-lasting democratic governments and the design of political institutions.
Before the American Constitution, several governments ruled by special codes of written laws. The oldest known document of this type is the Code of Ur-Nammu of Ur, which dates back to around 2050 BC. Other ancient law codes include the Code of Lipit-Ishtar of Isin, the Code of Hammurabi of Babylonia, the Hittite Code, the Assyrian Code, and Mosaic Law. In 621 BC, Draco codified the oral laws of the city-state of Athens, creating the modern term "draconian" to describe very strict rules. In 594 BC, Solon, the ruler of Athens, created the Solonian Constitution, which shifted the basis of membership in the ruling class from birth to wealth. Cleisthenes further reformed the Athenian constitution in 508 BC, setting it on a democratic footing.
In 1634, the Kingdom of Sweden adopted the Instrument of Government, which can be considered the first written constitution adopted by a modern state. The Constitution of Medina, written shortly after the Hijra (622), instituted rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina, bringing them together as one community, the Ummah. The Gayanashagowa, the oral constitution of the Haudenosaunee nation, also known as the Great Law of Peace, established a system of governance as early as 1190 AD, in which tribal chiefs of the Iroquois League's member nations made decisions based on universal consensus.
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The US Constitution and its legacy
The US Constitution, first written in 1787, was the first complete written national constitution in the world. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The US Constitution's main provisions include seven articles that define the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. The US Constitution has been one of the longest-lived and most emulated constitutions globally, with its legacy influencing the creation of written constitutions in other nations.
The opening words of the US Constitution, "We the People," represented a novel idea that the people, not the states, were the source of the government's legitimacy. This phrase, coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, is considered an improvement on the original draft, which listed the names of the 13 states. The US Constitution's elaborate system of checks and balances, its constrained list of rights, and its sparseness are unique and not often replicated today. However, the American constitutional experience demonstrated how a long-lasting democratic government could be constructed through innovative ideas about the design of political institutions.
The US Constitution's legacy extends beyond its direct influence on other constitutions. It has also played a significant role in shaping American society and politics. The Constitution's provisions, such as the separation of powers and the system of checks and balances, have helped create a stable and balanced government. The Constitution has been amended over time to reflect changing societal needs and values, such as the addition of the Bill of Rights, which includes essential protections for individuals' rights, like the Third Amendment, Fourth Amendment, Eighth Amendment, and Ninth Amendment.
The US Constitution has also faced criticism and challenges throughout its history. For example, Anti-Federalists initially opposed it because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights. There have also been debates and interpretations of the Constitution's meaning, such as Thomas Jefferson's argument that the Supreme Court's power to determine constitutionality should be curbed to maintain the checks and balances established by the Constitution.
Overall, the US Constitution has had a profound and lasting impact on American society and governance. It has provided a framework for a democratic government that has endured for centuries, with its legacy continuing to influence political thought and constitutional design worldwide.
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The Articles of Confederation
The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young nation apart, leading James Madison, Alexander Hamilton, and George Washington to fear their country was on the brink of collapse. Alexander Hamilton played a pivotal role in convincing Congress to organise a Grand Convention of state delegates to revise the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May 1787, marking the beginning of the process to amend and ultimately replace the Articles of Confederation with the present-day Constitution, which came into effect in 1789.
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The Philadelphia Convention
The delegates to the Philadelphia Convention created a model of government that relied on a series of checks and balances by dividing federal authority between the legislative, judicial, and executive branches. They crafted compromises to accommodate the different interests and views represented at the convention. One of the main compromises was between the Virginia Plan, or large state plan, which provided for representation of each state based on its population or wealth, and the New Jersey Plan, or small state plan, which provided for equal representation in Congress.
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The Federalists and the Anti-Federalists
The American Constitution, the first complete written national constitution, was signed by 38 delegates on September 17, 1787. The delegates, wary of centralized power and loyal to their states, created a powerful central government. The Federalists, who believed that a strong central government was necessary to face the nation's challenges, needed to convert at least three states. They argued that the entire Constitution, with its institutional restraints and checks and balances, was, in effect, a Bill of Rights.
The Anti-Federalists, on the other hand, fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights. Led by Patrick Henry of Virginia, they worried that the position of president might evolve into a monarchy. They believed that the Constitution, as drafted, would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential for the rise of tyranny. They advocated for a more decentralized form of government with greater protections for individual rights and stronger representation for the states.
The Federalist Papers were a series of 85 articles published in New York City newspapers by Federalists Alexander Hamilton, James Madison, and John Jay (under the pseudonym Publius). Through these papers and other writings, the Federalists successfully articulated their position in favor of the adoption of the Constitution. The Anti-Federalists also published a series of articles and delivered numerous speeches against ratification of the Constitution, known collectively as The Anti-Federalist Papers.
The debates between Federalists and Anti-Federalists illustrated the vigor of the rights to freedom of speech and press in the United States, even before the Constitution and the Bill of Rights were adopted. The Bill of Rights enabled Federalists and Anti-Federalists to reach a compromise that led to the adoption of the Constitution. However, political divisions within the cabinet of the newly created government emerged in 1792 over national fiscal policy, splitting those who previously supported the Constitution into rival groups, some of whom allied with former Anti-Federalists.
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Frequently asked questions
The first written constitution in the Western Hemisphere was the "Fundamental Orders", adopted in 1639 in Hartford, Connecticut.
The "Fundamental Orders" was the first written constitution in the world to declare the modern idea that "the foundation of authority is in the free consent of the people".
The first national constitution in the Western Hemisphere was the Constitution of the United States, also known as the American Constitution. It was ratified in 1787.
The American Constitution was neither the first constitution of a general government nor the first written constitution. However, it popularised the idea of a single written constitution. It also served as a model for how to construct a long-lasting democratic government with clever ideas about the design of political institutions.
