The Us Constitution: A Historical Origin Story

The US Constitution was drafted in Philadelphia in 1787, and signed by 38 delegates on September 17 of that year. The document was an attempt to revise the existing government, but ultimately created a completely new one. The Constitution was influenced by the study of the Magna Carta and other federations, both ancient and modern. The Due Process Clause of the Constitution was partly based on common law and on the Magna Carta, which had become a foundation of English liberty against arbitrary power. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke.

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Influence of Magna Carta and other federations

The US Constitution was influenced by the study of the Magna Carta and other federations, both ancient and extant. The Founding Fathers, who had just broken free from the British Empire, were anxious about foreign powers influencing their young democracy. However, the idea of the Magna Carta as a symbol of liberty and the natural rights of man against oppressive rulers captured their imagination. The document was seen as a potent symbol of liberty and the rights of man against unjust governments.

The US Constitution's Due Process Clause was partly based on common law and the Magna Carta, which had become the foundation of English liberty against the arbitrary power of the ruler. The phrase "by the law of the land", from the Magna Carta, was used in all American documents before the Constitution. The amendments to the Constitution that Congress proposed in 1791 were also strongly influenced by state declarations of rights, such as the Virginia Declaration of Rights of 1776, which incorporated protections from the English Bill of Rights and the Magna Carta. 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.

The US Constitution was also influenced by other federations, making it a federal constitution. The US is the oldest surviving federation, with its constitution coming into effect on 4 March 1789. In a federation, the federal government and the regions have exclusive responsibility for certain functions, though some powers may be shared. The division and sharing of powers are entrenched in a constitution, which requires the consent of the regions for amendments. In federations, an impartial judicial tribunal usually decides constitutional disputes, and legislatures are bicameral, with one chamber representing the federation's demos, and the other representing the regions.

The US Constitution was also influenced by the political philosophies of the time. The idea of the separation of powers in the Constitution was largely inspired by 18th-century Enlightenment philosophers such as Montesquieu, John Locke, Edward Coke, and William Blackstone.

Enlightenment philosophers like Locke and Montesquieu

The ideas of Enlightenment philosophers, John Locke and Montesquieu, were a significant influence on the US Constitution. The Founding Fathers were guided by the principles of these Enlightenment thinkers in their crafting of foundational American documents like the Federalist Papers.

Locke, often credited as the father of modern republican government, proposed that a legitimate government operates with the consent of the governed, embodying the social contract. His theory of natural rights argued that every individual is entitled to life, liberty, and property. These principles were woven into the Declaration of Independence, with its emphasis on the consent of the governed and the right to alter or abolish destructive governments. Locke's belief that individuals are born with inherent rights to life, liberty, and property resonated with Thomas Jefferson, evident in his renowned assertion that all men are endowed with "unalienable Rights," including "Life, Liberty and the pursuit of Happiness.".

Montesquieu introduced the concept of separation of powers, a fundamental idea in the US Constitution. He suggested dividing government authority among three branches: executive, legislative, and judicial to prevent tyranny by ensuring that no single branch could dominate the others. This idea became a cornerstone of American political philosophy, influencing the framers to create the checks and balances system. Montesquieu's politics of place provided a framework that interpreted the American founding as exceptional on particularist grounds, promoting freedom, prosperity, and security.

The influence of these Enlightenment philosophers extended beyond the Constitution's philosophical foundations. The structure of the Constitution, with its separation of powers and checks and balances, and the Bill of Rights, which guarantees individual freedoms, all bear the imprint of Locke and Montesquieu's ideas.

We the People: the government's legitimacy

The US Constitution was influenced by the study of the Magna Carta and other federations, both ancient and modern. The Due Process Clause of the Constitution, for instance, was partly based on common law and on the Magna Carta (1215), which became a foundation of English liberty against arbitrary power. The idea of the Separation of Powers in the Constitution was inspired by 18th-century Enlightenment philosophers, such as Montesquieu and John Locke.

The US Constitution was drafted in the summer of 1787, a few years after the Revolutionary War. James Madison, Alexander Hamilton, and George Washington feared that the young country was on the brink of collapse. America’s first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.

In September 1786, Madison and Hamilton issued a report calling upon Congress to summon delegates of all the states to meet for the purpose of revising the Articles of Confederation. This led to the Constitutional Convention, which assembled in Philadelphia in May 1787. The convention was tasked with revising the existing government, but the delegates instead came up with a completely new one. The founders crafted a powerful central government, representing a compromise between their wildly different interests and views.

The opening words of the Constitution, "We the People", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. This phrase was coined by Gouverneur Morris of Pennsylvania, who led the Committee of Style that wrote the final draft of the Constitution. The preamble, which was not proposed or discussed on the floor of the convention beforehand, set the stage for the Constitution, communicating the intentions of the framers and the purpose of the document. It is considered an improvement on the original draft, which followed "We the People" with a list of the 13 states. In place of the names of the states, Morris substituted "of the United States" and then listed the Constitution's six goals.

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A powerful central government

The US Constitution was written at a time when the country was on the brink of collapse. Disputes over territory, war pensions, taxation, and trade threatened to tear apart the United States, and the existing constitution, the Articles of Confederation, gave the Confederation Congress no enforcement powers. James Madison, Alexander Hamilton, and George Washington were among those who feared for the future of their country.

Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May 1787, and on September 17, 1787, 38 delegates signed the new Constitution, creating a powerful central government.

The delegates were wary about centralized power and loyal to their states, but they crafted compromises to represent their different interests and views. They bypassed the state legislatures, calling for special ratifying conventions in each state. Ratification by 9 of the 13 states enacted the new 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. The Anti-Federalists fought 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. The ratification campaign was a close call, but the "vote now, amend later" compromise helped secure victory in Massachusetts and eventually in the final holdouts.

The US Constitution was influenced by the study of Magna Carta and other federations, both ancient and modern. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which became a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke.

The Articles of Confederation

The ratification process for the Articles of Confederation was lengthy and challenging. Virginia was the first state to ratify on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland was the lone holdout, refusing to go along until the landed states, especially Virginia, ceded their claims to lands west of the Ohio River to the Union. Maryland finally ratified the Articles on February 2, 1781, and Congress officially proclaimed the Articles of Confederation to be the law of the land.

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