Isabella Carter
The United States Constitution was influenced by the ideas of natural rights, republicanism, and constitutionalism, which took root in the political thinking of Americans in the eighteenth century. The works of European Enlightenment thinkers like John Locke, Montesquieu, Edward Coke, and William Blackstone, who wrote about the social compact, natural rights, and the separation of powers, were among the most frequently referenced by the founding fathers. The concept of natural rights, which was expressed in the Declaration of Independence in 1776, influenced political and legal developments in the following decades. The constitution, which was established in 1787, was also shaped by the experiences and interests of the founding fathers, who aimed to safeguard state liberties and the rights of property, giving rise to the Bill of Rights.
| Characteristics | Values |
|---|---|
| Date of inception | 1787 |
| Influences | Magna Carta, Enlightenment rationalism, English common law, English Bill of Rights, English philosopher John Locke, Scottish philosopher David Hume, French philosopher Montesquieu, English jurist Edward Coke, English jurist William Blackstone, Aristotle, Cicero |
| Key principles | Natural rights, republicanism, constitutionalism, federalism, protection of individual rights, freedom of speech, freedom of the press, religious tolerance, free trade, self-government, unalienable rights, separation of powers |
| Amendments | Reconstruction Amendments (1865-1870), 19th Amendment (1920) |
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What You'll Learn
The American Revolution and the Constitution
The American Revolution was one of the most creative periods of constitutionalism in history. The American revolutionaries established the modern idea of a written constitution. They demonstrated how written constitutions could be made fundamental and distinguishable from ordinary legislation. Before the era of the American Revolution, a constitution was rarely distinct from the government and its operations.
The American colonists were influenced by the English Bill of Rights and the Act of Settlement of 1689, which they believed were sacred. They insisted that the fundamental principles of the English constitution be set above the law-making and other processes and institutions of government. This belief was reflected in the words of the revolutionary leader Samuel Adams in 1768: "In all free States, the Constitution is fixed; and as the supreme Legislature derives its Powers and Authority from the Constitution, it cannot overleap the Bounds of it without destroying its own foundation."
By 1776, when the Americans framed their own constitutions for their newly independent states, they sought to make them fundamental and explicit. The concept of the political order, as articulated by Locke and others, was entrenched in the thinking of Americans and became one of the foundation stones of the revolution and the government that emerged from the Philadelphia Convention. The Mayflower Compact is an illustration of the fact that the social compact had a certain historical reality for them. The notion that government is established by the citizens in order "to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquillity their natural rights, and the blessings of life," was well-entrenched in the American mindset.
The major elements of the philosophy of natural rights and social contract pervaded the American mentality at the end of the 18th century. This was demonstrated by Jefferson's ability to announce the natural rights philosophy as self-evidently true. The key principles at the core of the American Revolution, which also served as the foundation for the US Constitution, included natural rights, popular sovereignty, and the rule of law. These principles were influenced by ancient and Enlightenment thinkers. The ideals of individual liberty and limited government motivated those who took part in the creation of the American Republic.
The American Constitution was also influenced by the English tradition, which referred to fundamental rights and the way the government was constituted. By the end of the revolutionary era, the Americans' idea of a constitution had diverged from the English model, with the constitution seen as separate from the government. During the 1780s, some state judges began to impose restraints on what the assemblies were enacting as law, marking the beginnings of judicial review. The Fourth Amendment to the American Constitution, ratified in 1788, is an example of this, as it states that people are protected from unreasonable searches and seizures and that warrants shall only be issued upon probable cause.
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The influence of European Enlightenment thinkers
One of the key influences of European Enlightenment thinkers on the American Constitution was the concept of natural rights. Enlightenment thinkers such as John Locke argued for a social contract theory, where the proper foundation of government was the protection of the natural rights of its citizens, including life, liberty, and property. This idea was reflected in the Declaration of Independence, which stated that "all men are created equal" and endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness. The concept of natural rights became a cornerstone of American political philosophy and influenced the creation of a constitutional republic dedicated to protecting the rights and freedoms of its citizens.
Another important influence of European Enlightenment thinkers was the idea of mixed government or checks and balances. Enlightenment philosophers such as Montesquieu advocated for dividing government authority among three branches: executive, legislative, and judicial. This separation of powers was designed to prevent tyranny and ensure that no single branch could dominate. The framers of the American Constitution adopted this idea, creating a system of checks and balances to balance the strengths and mitigate the weaknesses inherent in each type of government.
The Enlightenment thinkers also promoted the concept of republicanism, which emphasized the importance of civic freedom and a government that serves its people. Jean-Jacques Rousseau, for example, advocated for direct democracy, where laws are made directly by the vote of all citizens. While the American Founding Fathers did not fully embrace direct democracy, Rousseau's ideas about the general will and the importance of the collective will influenced American political ideology.
In addition to these political and philosophical influences, the Enlightenment's impact on the American Constitution can also be seen in the area of religious toleration. Enlightenment thinkers, tired of religious wars in Europe, imagined a world governed by enlightened reason rather than religious dogmatism. This tolerant pluralism became a major theme in American Enlightenment thought, reflecting the belief that religious tolerance was necessary for economic trade, freedom of thought and expression, and peaceful relations between nations.
Overall, the influence of European Enlightenment thinkers on the American Constitution was extensive and played a crucial role in shaping the nation's commitment to individual liberties, balanced governance, and the protection of natural rights.
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The Scottish Enlightenment's impact
The American Constitution was signed in 1787, and the ideas of the Scottish Enlightenment, which concluded towards the end of the 18th century, had a significant impact on its development.
The Scottish Enlightenment was a period of intense intellectual and scientific achievements in Scotland, with a particular focus on close readings of new books and vigorous debates about reason, passion, virtue, ambition, authority, and liberty. These ideas were disseminated through publications such as the Encyclopædia Britannica, which was first published in Edinburgh between 1768 and 1771, and through the work of Scottish thinkers and scientists such as Robert Burns, Adam Smith, and David Hume.
The influence of the Scottish Enlightenment on the American Constitution can be seen in several ways. Firstly, Scottish moral philosophy and Enlightenment rationalism heavily influenced the philosophical issues underlying the Declaration of Independence. This can be seen in the works of Thomas Jefferson, who was influenced by Scottish Enlightenment ideas, particularly those of David Hume, an eighteenth-century Scottish philosopher whom he studied while in Edinburgh in 1760. Benjamin Franklin, another key figure in the creation of the American Constitution, also greatly admired Hume and embraced some of his ideas, such as the belief that high-ranking public officials should receive no salary.
The Scottish Enlightenment's emphasis on human reason and the rejection of any authority that could not be justified by reason also had a significant impact on the American Constitution. This can be seen in the vigorous debates between Federalists and Anti-Federalists during the drafting of the Constitution, with both sides presenting their arguments and engaging in reasoned public discourse. The Scottish Enlightenment's influence on the concept of liberty, a key theme in the American Constitution, is also notable.
Overall, while the Enlightenment influence on the American political thought and the United States Constitution cannot be said to be uniquely Scottish, the contributions of Scottish thinkers and the dissemination of their ideas through publications and personal connections undoubtedly played a crucial role in shaping the constitutional republic of the United States.
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The role of individual states
The United States Constitution, which came into existence in 1776, has been a notable model for governance worldwide. It has influenced the possibilities for the future of other nations, especially through the 1970s. The American experience of fundamental law with amendments and judicial review has been a source of inspiration for constitutionalists.
The Constitution grants Congress the authority to admit new states into the Union, and since its establishment, the number of states has expanded from the original 13 to 50. Each new state has been admitted on an equal footing with the existing states, and the Supreme Court has held that the Constitution does not permit unilateral secession. The government of each state is structured according to its own constitution, which are all written constitutions. While not required, in practice, each state has adopted a three-branch frame of government: executive, legislative, and judicial.
The individual state constitutions were among the earliest written constitutions in the world and played a significant role in the American constitutional order. They shared important features, including a republican form of government, the separation of powers among three branches, bicameral legislatures, and a bill of rights. These state constitutions also incorporated many liberties protected by the English Bill of Rights, such as the right to jury trials, the right to keep and bear arms, and the prohibition of excessive bail and "cruel and unusual punishments".
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The protection of state liberties
The American Constitution is a document that was influenced by the political philosophy of natural rights, republicanism, and constitutionalism. The ideas of natural rights had already been expressed in the Declaration of Independence in 1776 and would go on to inspire the French Declaration of the Rights of Man and of the Citizen in 1789.
The concept of natural rights and the social compact had become entrenched in the thinking of Americans by the end of the 18th century. Thomas Jefferson was able to announce the natural rights philosophy as self-evidently true, and the Mayflower Compact is an example of the social compact having a historical reality for Americans.
The Constitution's First Amendment guarantees the rights of conscience, such as freedom of religion, speech, and the press. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The Fifth Amendment guarantees due process, and the Sixth Amendment ensures the right to a speedy and public trial by an impartial jury before an impartial judge and representation by counsel. The Eighth Amendment prohibits "cruel and unusual punishments". The Second Amendment protects the right "to keep and bear arms", although the wording of this amendment has been a source of controversy and political debate.
The Bill of Rights, written by James Madison, was added to the Constitution to limit government power and protect individual liberties. It makes up the first ten amendments to the Constitution. The Tenth Amendment states that any powers not delegated to the United States by the Constitution are reserved to the states or the people.
After the American Civil War, three new constitutional amendments were adopted to protect state liberties: the Thirteenth Amendment (1865) abolished slavery; the Fourteenth Amendment (1868) granted citizenship to those who had been enslaved; and the Fifteenth Amendment (1870) guaranteed formerly enslaved men the right to vote. The Fourteenth Amendment also included an important federal limitation on the states, forbidding them to deny any person "life, liberty, or property, without due process of law" and guaranteeing everyone within a state's jurisdiction "the equal protection of its laws".
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Frequently asked questions
The US Constitution was written and came into effect in 1787.
The political philosophers most frequently referred to during the drafting of the Constitution were Blackstone, Hume, Locke, and Montesquieu.
The ideas of natural rights, republicanism, and constitutionalism heavily influenced the political thinking of Americans in the late 18th century. The concept of natural rights was also expressed in the Declaration of Independence in 1776.
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