Simone Lawson
The US Constitution was influenced by several historical documents that outlined the core ideas of representative government, constitution-making, and individual liberties. The most well-known influences were the Declaration of Independence, the Articles of Confederation, the Virginia Declaration of Rights, the Virginia Statute for Religious Freedom, the Mayflower Compact, and the Magna Carta. These documents, along with the letters and journals of the Founding Fathers, are considered the first draft of the Charters of Freedom, which have secured the rights of the American people for centuries. The US Constitution also built on ideas from English common law, considered Europe's first written constitution, and the Fundamental Orders of Connecticut, which provided a model for colonial governments.
| Characteristics | Values |
|---|---|
| Documents that influenced the US Constitution | Magna Carta, Charters of the Virginia Company of London, Virginia Declaration of Rights, Declaration of Independence, Articles of Confederation, Virginia Statute for Religious Freedom, Fundamental Orders of Connecticut, Mayflower Compact, English Bill of Rights, Pamphlet by Thomas Paine, and more |
| Direct influences | Declaration of Independence, Articles of Confederation |
| Direct influences laid out | Political philosophy, rights and violations, collective dedication to liberty, political equality, limited government, and self-government |
| Core ideas | Representative government, constitution-making, and individual liberties |
| State constitutions | Included declarations of rights intended to guarantee citizens protections and immunities from the state government |
| Amendments to the Constitution | Influenced by state declarations of rights, particularly the Virginia Declaration of Rights |
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What You'll Learn
The Magna Carta
The document's most significant impact was on the Founding Fathers' thinking. For them, the Magna Carta was a potent symbol of liberty and natural rights against oppressive or unjust government. The Founding Fathers, who had just broken free from one empire, admired the charter's rebellious nature against the English throne. They saw themselves as "conservative rebels", trying to preserve their constitutional rights rather than overthrow a government.
The influence of the Magna Carta was felt at the Philadelphia Constitutional Convention in 1787, where the principles of due process and individual liberty were enshrined into law. The document's protections, originally granted to the Church and nobility, were now extended to all free men who held land. The Magna Carta's legacy is reflected most clearly in the Bill of Rights, the first ten amendments to the Constitution ratified by the states in 1791. Amendments five through seven set ground rules for a speedy and fair jury trial, and the Eighth Amendment prohibits excessive bail and fines, which can be traced back to the 20th clause of the Magna Carta.
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The Virginia Declaration of Rights
The Declaration consists of sixteen articles on the rights that "pertain to [the people of Virginia]... as the basis and foundation of Government". It affirms the inherent nature of rights to life, liberty, property, and the pursuit and attainment of happiness and safety. It also describes a view of government as the servant of the people, with a separation of powers into the administration, legislature, and judiciary.
Articles 1–3 address the subject of rights and the relationship between the government and the governed. Article 1 states that "all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety". This statement excluded enslaved people, who were not considered to be in "a state of society" by most white Virginians.
Articles 7–16 propose restrictions on the powers of the government, declaring that the government should not have the power to suspend or execute laws without the consent of the people's representatives. It establishes legal rights, including the right to be confronted by accusers and witnesses, to present evidence, protection from self-incrimination, the right to a speedy trial, and the right to a trial by jury. It also provides protections against cruel and unusual punishments, baseless search and seizure, and guarantees freedom of the press and freedom of religion.
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The Declaration of Independence
Additionally, the Declaration of Independence was shaped by the political philosophy of the time, including the belief in natural rights and the protection of individual human rights. This philosophy, reflected in documents such as the English Bill of Rights and Magna Carta, influenced the Founding Fathers and their commitment to safeguarding individual freedoms. The Magna Carta, in particular, symbolised the reassertion of rights against oppressive rulers, resonating with the American distrust of concentrated political power.
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The Articles of Confederation
The Articles outlined a Congress with representation not based on population – each state held one vote. Ratification by all 13 states was necessary to set the Confederation into motion. The final draft, consisting of six sheets of parchment stitched together, was signed by delegates from all 13 states. The Articles of Confederation also contained a preamble, thirteen articles, a conclusion, and a signatory section.
The individual articles set the rules for current and future operations of the confederation's central government. Under the Articles, the states retained sovereignty over all governmental functions not specifically relinquished to the national Congress, which was empowered to make war and peace, negotiate diplomatic and commercial agreements with foreign countries, and resolve disputes between the states.
In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation.
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The Virginia Statute for Religious Freedom
The statute disestablished the Church of England in Virginia and guaranteed freedom of religion to all, regardless of faith or religious beliefs. It was divided into three paragraphs, rooted in Jefferson's philosophy. The first paragraph proclaims freedom of thought, the second asserts that no person can be compelled to attend or support any religious worship, and the third states that an individual is free to worship as they please with no discrimination.
Thomas Jefferson considered the Statute to be one of his greatest achievements, alongside the Declaration of Independence and the founding of the University of Virginia. He asked that it be preserved on any memorial erected after his death.
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Frequently asked questions
The US Constitution was influenced by several historical documents, including the Magna Carta, the Declaration of Independence, the Virginia Declaration of Rights, the Articles of Confederation, and the Virginia Statute for Religious Freedom. These documents outlined core ideas of representative government, constitution-making, and individual liberties, and helped shape the political philosophy of the American people.
The Magna Carta, widely considered a symbol of liberty and natural rights against oppressive rulers, influenced the adoption of the Bill of Rights in the US Constitution. It also shaped the inclusion of certain protections and immunities for individual citizens against the state government.
The US Constitution was also influenced by Enlightenment and English thought, as well as the colonial experience. The Fundamental Orders of Connecticut in 1639, for example, modelled a governing structure with a legislative assembly, governor, and town representatives, notably excluding the British monarch. The Pennsylvania Constitution established voting rights for all free, tax-paying men and a unicameral legislature without a senate.
