Jonah Patel
The Articles of Confederation, adopted by the Continental Congress in 1777, served as the United States' first written constitution. It established a weak central government and outlined the functions of the national government of the United States after it declared independence from Great Britain. However, Connecticut's Fundamental Orders, enacted in 1639, is considered by historians to be the first written constitution in the Western tradition. Other documents, such as New York's Charter of Liberties and Privileges, Pennsylvania's Great Law, and the second Frame of Government, were also significant but did not constitute formal constitutions.
| Characteristics | Values |
|---|---|
| Date of Enactment | 1639 |
| Established | A democratic framework for government |
| Considered | The first written constitution in the Western world |
| Established | A "league of friendship" for the 13 sovereign and independent states |
| Representation in Congress | Not based on population; each state had one vote |
| Ratification | Required from all 13 states |
| Functions | Established the functions of the national government of the United States after it declared independence from Great Britain |
| Type of Government | Weak central government |
| Rights | Defined the basic rights of citizens |
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What You'll Learn
The Articles of Confederation
The Articles outlined a unicameral legislature with limited powers and a Congress where each state, regardless of population, held one vote. Ratification by all 13 states was required to implement the Confederation. This was achieved when Maryland became the final state to ratify on March 1, 1781, officially proclaiming the Articles of Confederation as the law of the land.
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Connecticut's Fundamental Orders
The Fundamental Orders of Connecticut, enacted in 1639, is considered by historians to be the first written constitution in the Western tradition. It established a framework for government and is a landmark in the democratic governance of the United States. The document is notable as it assigns supreme authority in the colony to the elected general court, omitting any reference to the authority of the British Crown or other external authority.
The Fundamental Orders were inspired by Thomas Hooker’s sermon of May 31, 1638, and provided the framework for the government of the Connecticut colony from 1639 to 1662. The document consisted of a preamble and 11 orders or laws. The preamble was a covenant that bound the three towns of Windsor, Hartford, and Wethersfield to be governed in all civil matters by the Orders. The Fundamental Orders were drafted by Roger Ludlow of Windsor, the only trained lawyer in the colony, though he may have been assisted by Hartford residents John Haynes, a former Governor of the Massachusetts Bay Colony, Edward Hopkins, and John Steele.
The 11 orders followed the Massachusetts government model and were consistent with 17th-century trading company charters. They called for the convening of general courts every April and September. At the April Court of Election, a governor and six magistrates were to be chosen. No man could serve as governor more than once every two years, a restriction that lasted until 1660. Nominations for election were made at the September General Court by the deputies from each town.
The Fundamental Orders of Connecticut is a short document but contains some principles that were later applied in creating the United States government. It is based on the rights of individuals, and the orders spell out some of those rights, as well as how they are ensured by the government. It provides that all free men share in electing their magistrates, and uses secret, paper ballots. It also states the powers of the government and some limits within which that power is exercised.
In 1662, the Fundamental Orders were replaced by a Royal Charter, though the major outline of the charter was written in Connecticut and embodied the Orders' rights and mechanics. The colonists generally viewed the charter as a continuation and surety for their Fundamental Orders. Today, the individual rights in the Orders, with others added over the years, are still included as a "Declaration of Rights" in the first article of the current Connecticut Constitution, adopted in 1965.
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New York's Charter of Liberties and Privileges
The Charter of Liberties and Privileges of New York, adopted on October 30, 1683, served as an early written constitution. The charter established the structure and powers of the colonial government, with a focus on protecting individual liberties and privileges. It was influenced by the British parliamentary model and the Magna Carta, reflecting the colonists' high regard for written guarantees of their rights.
The charter outlined the roles of the executive branch, consisting of the governor and council, and the general assembly, which was given the power to elect its officers and judge the qualifications of its members. It emphasised the importance of equal justice and right for all persons, including protections for religious liberty and the rights of the criminally accused. For instance, it stated that "no freeman shall be taken and imprisoned or be disseized of his ffreehold or Libertye or ffree Customes or be outlawed or Exiled or any other wayes destroyed nor shall be passed upon adjudged or condemned But by the Lawfull Judgment of his peers and by the Law of this province".
The charter also included provisions for legislative immunity from arrest, the gubernatorial veto, and the requirement for popular consent via the legislature for the imposition of taxes. These terms foreshadowed those in the later US Constitution, indicating the charter's influence on American political thought.
Despite its significance, the Charter of Liberties and Privileges of New York faced some challenges. It was disallowed in 1686, likely due to its limitation on the royal prerogative. After James II was overthrown in 1688, the general assembly reenacted a similar statute in 1691, but it was again disallowed. Nonetheless, the charter stands as an important document in the colonial history of New York and the development of constitutional ideas in what would become the United States.
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Pennsylvania's Great Law
The "Great Law" of Pennsylvania, also known as "The Body of Laws of the Province of Pennsilvania and territorys thereunto Belonging", was enacted on December 7, 1682, by an assembly of freeholders called at Upland (Chester) by William Penn shortly after his arrival in Pennsylvania. It built upon a set of laws previously submitted by Penn, known as the "Laws Agreed upon in England" or "Penn's Frame of Government". The Great Law provided a stable foundation for Pennsylvania's representative government and established a degree of religious liberty, liberty of conscience, extended manhood suffrage, and limited the death penalty to relatively few offences.
The first "Chapter" of the Great Law clearly emphasised that no one would be "Compelled to frequent or Maintaine any Religious Worshipp place or Ministry whatever." This made Pennsylvania the only large political unit in the Western world to offer this level of religious freedom. The Great Law also contributed to the expansion of the Pennsylvania Assembly's authority, making it one of the most powerful legislatures in British America by the late Colonial Period.
The Great Law is distinct from other documents such as the "Charter of Liberties and Privileges" and the "Frame of Government", which, while significant, did not function as constitutions in the same way that Connecticut's "Fundamental Orders" did. The Fundamental Orders of Connecticut, enacted in 1639, is considered the first written constitution in the Western tradition, as it established a democratic framework for government.
In contrast, the Articles of Confederation, adopted by the Continental Congress on November 15, 1777, served as the first constitution of the United States. It established a "league of friendship" among the 13 sovereign and independent states, with each state retaining powers not expressly delegated to the United States. The Articles outlined a Congress with representation based on one vote per state, regardless of population. This led to disputes over representation, voting, and land claims, delaying full ratification until 1781 when Maryland became the final state to ratify, bringing the Congress of the Confederation into existence.
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The US Constitution
The Preamble of the Constitution sets out its purpose:
> We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The Constitution was written to replace the Articles of Confederation, which served as the United States' first constitution. The Articles of Confederation were adopted by the Continental Congress in 1777 and established a weak central government, with each state retaining powers not expressly delegated to the United States. However, the Articles proved ineffective, particularly in preventing states from conducting their own foreign diplomacy and enforcing treaties.
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Frequently asked questions
The Articles of Confederation served as the United States' first constitution. It was in force from March 1, 1781, until 1789 when the present-day Constitution went into effect.
The Articles of Confederation served as the written document that established the functions of the national government of the United States after it declared independence from Great Britain. It established a weak central government that mostly, but not entirely, prevented the individual states from conducting their own foreign diplomacy.
The Constitutional Convention formulated the current Constitution of the United States, which remains in effect today. The new Constitution was signed by 39 delegates on September 17, 1787, and was submitted for ratification to the 13 states on September 28.
Connecticut's Fundamental Orders, enacted in 1639, is considered the first written constitution in the Western world. It established a democratic framework for government.
