The Constitution's Roots: Ideas Of Representation

The ideas of representation in the Constitution of the United States were influenced by several factors, including the country's first constitution, the Articles of Confederation, the philosophical writings of Enlightenment thinkers, and English common law. The Constitution was drafted by a group of delegates with diverse interests and views, who crafted compromises to create a powerful central government while addressing issues such as slavery and state disputes over territory and taxation. The famous preamble, We the People, represented a new thought: that the people, not the states, were the source of the government's legitimacy.

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Influence of political philosophers

The US Constitution is one of the longest-lived and most emulated constitutions in the world. The ideas in the Constitution regarding representation came from a variety of sources, including political philosophers.

Prior to and during the framing and signing of the Constitution, Blackstone, Hume, Locke, and Montesquieu were among the political philosophers most frequently referred to. The Scottish Enlightenment, with its focus on the advancement of personal liberties, was also a significant influence, with historian Herbert W. Schneider noting its importance in the American Enlightenment. Benjamin Franklin, for example, was a great admirer of David Hume and had studied many of his works. Franklin and Hume both embraced the idea that high-ranking public officials should receive no salary and that the lower class was a better judge of character when choosing their representatives.

Historian Jack P. Greene argues that by 1776, the founders of the United States drew heavily upon the Magna Carta and the writings of "Enlightenment rationalism" and English common law. The influence of these political philosophers and Enlightenment ideals helped shape the Constitution's representation ideas, contributing to the creation of a powerful central government with a system of checks and balances.

The Constitution's opening words, "We the People," represented a significant shift in thinking, suggesting that the people, rather than 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, was considered an improvement over the original draft, which listed the names of the states. The inclusion of "We the People" set the tone for a document that aimed to establish a government that derived its power from the people and worked towards securing their liberties and welfare.

The Constitution's representation ideas also reflected a compromise between the states, with each state given one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. The delegates to the Constitutional Convention, representing diverse interests and views, crafted these compromises to address contentious issues such as slavery and state disputes over territory, war pensions, taxation, and trade.

Scottish Enlightenment

The Scottish Enlightenment was an intellectual and philosophical movement that took place in the 18th and early 19th centuries in Scotland. This period was characterised by a wealth of intellectual and scientific achievements, with advancements in fields such as philosophy, political economy, engineering, architecture, medicine, and law, among others. The movement was facilitated by a highly literate culture, with Scotland boasting a network of parish schools and five universities by the 18th century. The Enlightenment culture was centred around close readings of new books and intense daily discussions at gatherings in places like The Select Society and The Poker Club in Edinburgh, as well as within Scotland's ancient universities.

The Scottish Enlightenment was marked by a shift from religion to reason, with a focus on human reason and a rejection of any authority that could not be justified by reason. This period saw the emergence of a new capacity to recognise and interpret social patterns, with four key characteristics: first, a scepticism about rationalism and the attempts to find a single method of rationality; second, the centrality of terms like "sentiment" and "sense", as in the expression "moral sense"; third, a thoroughgoing empiricism and practicality; and fourth, a focus on improvement, virtue, and practical benefits for individuals and society.

The Scottish Enlightenment was not a single school of thought but a movement of ideas and their disputation. It had a profound impact both within Scotland and beyond, with Scottish ideas and attitudes carried throughout Great Britain and the Western world. The movement's epicenter was Edinburgh, which earned the nickname the "Athens of the North" in 1762. Notable thinkers of this period include David Hume, Adam Smith, Thomas Reid, Dugald Stewart, Joseph Black, James Boswell, Robert Burns, William Cullen, Adam Ferguson, Francis Hutcheson, James Hutton, Lord Monboddo, John Playfair, and Dugald Stewart.

The Scottish Enlightenment's influence extended to the American Enlightenment and the framing of the United States Constitution. Historian Herbert W. Schneider considered it "probably the most potent single tradition in the American Enlightenment." Benjamin Franklin, for example, greatly admired David Hume and embraced Hume's ideas about public officials receiving no salary and the lower class being a better judge of character when choosing representatives.

Magna Carta and English common law

The influence of the Magna Carta and English common law on the US Constitution is evident in several aspects. Firstly, the Magna Carta, issued in June 1215, was the first document to assert that the king and his government were not above the law. It sought to curb the king's power and established law as a power in itself, setting out the laws that both the king and everyone else had to follow. This document was significant in shaping the ideas of representation in the Constitution by establishing the concept of limiting governmental authority and recognising individual rights and liberties.

The Magna Carta was not intended as a universal charter of rights but was designed by the barons to safeguard their rights against the king's power. Nonetheless, it laid the foundation for important principles in English law and was viewed as a fundamental law. When English colonists migrated to the New World, they brought with them royal charters that established the colonies, such as the Massachusetts Bay Company charter and the Virginia Charter of 1606, which guaranteed liberties and immunities to the colonists.

The Massachusetts Body of Liberties, for instance, drew similarities to Clause 29 of the Magna Carta, indicating that the colonists considered Magna Carta as the embodiment of English common law. The idea that the Magna Carta recognised and protected individual liberties, made the king subject to common law, and acknowledged the ancient origins of Parliament was also prominent in political arguments over the authority of the English monarchy during the early 17th century.

The influence of the Magna Carta on the US Constitution is further evident in the late 18th century, when the Constitution became the supreme law of the land, echoing the way Magna Carta had come to be regarded as fundamental law. The Constitution's emphasis on "We the People" as the source of the government's legitimacy also resonates with the Magna Carta's assertion that the king was subject to the law and not above it.

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We the People

The opening words of the United States Constitution, "We the People", represent a powerful idea: that the people, and not the states, are the source of the government's legitimacy. This phrase, coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, was a significant improvement on the original draft, which listed the 13 states after "We the People".

The concept of "We the People" reflects the ideals of democracy and popular sovereignty, where the ultimate power rests with the citizens of the nation. This principle, at the heart of the Constitution, was influenced by various philosophical and historical sources. Political philosophers such as Blackstone, Hume, Locke, and Montesquieu were frequently referenced during the framing and signing of the Constitution. The Scottish Enlightenment, with its emphasis on personal liberties, also played a significant role in shaping the founders' thinking.

The Magna Carta, a landmark document in English history, and the writings of Enlightenment rationalists and English common law also served as inspirations. Benjamin Franklin, for instance, was influenced by the Scottish philosopher David Hume, embracing the idea that high-ranking public officials should receive no salary and that the lower class was a better judge of character when choosing their representatives.

The founding fathers, wary of centralized power and loyal to their states, crafted a powerful central government that represented a compromise between diverse interests and views. They set the terms for ratifying the Constitution, bypassing state legislatures and calling for special ratifying conventions in each state. This ensured that the power to enact the new government rested with the people, rather than state legislatures, who might have been reluctant to cede authority to a national government.

The inclusion of "We the People" in the Constitution's preamble established a fundamental principle of American democracy and governance. It affirmed that the people are the ultimate authority, granting power and legitimacy to the government they establish. This idea has endured as a cornerstone of the American political system, shaping the relationship between citizens and their government.

Compromises and ratification

The representation ideas in the US Constitution were influenced by several factors, including philosophical, historical, and legal sources.

Now, onto Compromises and Ratification:

The delegates to the Constitutional Convention in Philadelphia in the summer of 1787 established equal representation in the Senate and proportional representation in the House of Representatives. This plan, known as the "Great Compromise" or the "Connecticut Compromise", resolved the most controversial aspect of drafting the Constitution. The Virginia Plan, proposed by James Madison and introduced by Edmund Randolph, suggested a bicameral national legislature with proportional representation in both houses based on state size. However, delegates from small states objected, arguing for equal representation.

The debate over representation in the legislature became heated, with the small-state delegates threatening to derail the proceedings. On June 11, a vote was held, adopting proportional representation in the House based on the population of "free Citizens" and "three-fifths" of enslaved African Americans. Connecticut's Roger Sherman proposed equal suffrage in the Senate, but it was defeated by one vote. In response, William Paterson of New Jersey proposed a unicameral legislature with each state having a single vote, known as the New Jersey Plan. This proposal was also rejected, reaffirming the commitment to a bicameral legislature.

A compromise was reached on July 2, with the appointment of a "Grand Committee." The committee proposed a mixed representation plan, including the original Sherman proposal with an added provision by Benjamin Franklin that revenue and spending bills originate in the House. On July 16, the delegates narrowly adopted this mixed representation plan, giving states equal votes in the Senate.

The Constitution required the ratification of nine states to come into effect. On June 21, 1788, New Hampshire became the ninth state to ratify. The Congress of the Confederation then certified the ratification of eleven states and set dates for choosing senators, representatives, and the first president. The new government was set to begin on the first Wednesday of March 1789 in New York City. North Carolina and Rhode Island ratified the Constitution after the Bill of Rights was passed, ensuring the protection of individual liberties.

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