The Constitution's Origin: Who Proposed This Idea?

The idea of a constitution has evolved over the centuries, with the term's origin attributed to Aristotle, who first distinguished between ordinary law and constitutional law, exploring various constitutions of his time and advocating for a mixed system. The concept of a written constitution gained prominence during the American Revolution, with James Madison, Alexander Hamilton, and George Washington playing pivotal roles in drafting America's first constitution, the Articles of Confederation. However, it was the United States Constitution, signed in 1787, that revolutionized governance by placing power in the hands of the people, influencing democratic ideals worldwide. The U.S. Constitution, one of the longest-lived and most emulated, was the culmination of passionate deliberations among delegates representing diverse interests, seeking to address the young nation's challenges.

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Aristotle's influence: Formal distinction between ordinary law and constitutional law

The idea of having a constitution has a long and complex history, with many political philosophers contributing to the development of this concept. One of the most influential thinkers in this area was Aristotle, who lived around 350 BC.

Aristotle is credited with being the first to distinguish between ordinary law and constitutional law, thereby establishing the concepts of constitution and constitutionalism. In his works, including "Constitution of Athens", "Politics", and "Nicomachean Ethics", Aristotle explored the constitutions of Athens, Sparta, and Carthage, among others. He identified six different kinds of constitutions and classified them as either "right" or "wrong". According to him, a "right" constitution served the common interests of all citizens, while a "wrong" constitution served only the selfish interests of a certain person or group.

Aristotle's definition of a constitution was "the arrangement of the offices in a state" or "the way of life of a citizen-body". He saw citizens as those who had the right to participate in the state, distinguishing them from non-citizens, slaves, children, and seniors, who were not considered unqualified citizens. In Athens, citizens had the right to attend the assembly, council, and other bodies, or to sit on juries, and were more directly involved in governing than in a modern representative democracy.

Aristotle also recognised two senses of "justice" in his constitutional theory: universal and particular. In the universal sense, "justice" meant "lawfulness" and was concerned with the common advantage and happiness of the political community. This concept of universal justice formed the basis for distinguishing between correct (just) and deviant (unjust) constitutions.

In addition to his classification of constitutions, Aristotle also studied the processes by which constitutions might come into being and how they could be preserved over time. He recognised that the best constitution might not always be attainable and that sometimes a constitution would need to serve the aims of a given population or be adapted to existing circumstances.

The influence of Aristotle's ideas extended far beyond his time, even influencing the drafting of the American Constitution over two thousand years later. His writings on the different forms of constitutions and his distinction between ordinary law and constitutional law continue to shape political thought and the development of constitutions worldwide.

US Constitution: Ratified by 9 of 13 states, it's one of the longest-lived

The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It was ratified by 9 of the 13 states and stands today as one of the longest-lived and most emulated constitutions.

The US Constitution was signed on September 17, 1787, by 38 delegates, with George Reed signing for John Dickinson of Delaware, bringing the total number of signatures to 39. The delegates were tasked with revising the existing government but ended up creating a new one. They were wary of centralized power and loyal to their states, so they crafted a powerful central government, representing different interests and views. The founding fathers set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state.

The US Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). The Constitution's main provisions include seven articles that define the basic framework of the federal government.

The idea of the US Constitution emerged from the concerns about the Articles of Confederation, America's first constitution, a few years after the Revolutionary War. James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse. 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 disputes among the states over territory, war pensions, taxation, and trade threatened to tear the country apart. Alexander 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 the Constitution was presented to the convention on September 12, 1787. The delegates methodically considered each section, and the grueling work of the convention came to an end. The Constitution was then submitted to the Congress of the Confederation in New York City, the nation's temporary capital, on September 17, 1787. Congress voted to forward the proposal to the thirteen states for their ratification, with a two-thirds majority required for ratification.

The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. On June 21, 1788, the Constitution became the official framework of the US government when New Hampshire became the ninth state to ratify it. The ratification campaign was a nail-biter, and the "'vote now, amend later,' compromise helped secure victory. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document, and the Bill of Rights was ratified at the end of the following year.

James Madison: Often called the 'Father of the Constitution'

The idea of having a constitution has a long history, with Aristotle making a formal distinction between ordinary law and constitutional law as early as 350 BC. He explored different constitutions of his time, including those of Athens, Sparta, and Carthage, and concluded that the best constitution included monarchic, aristocratic, and democratic elements.

In the context of the United States Constitution, James Madison is often referred to as the "Father of the Constitution." Born on March 16, 1751, in Virginia, Madison played a pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. He was a Founding Father and the fourth president of the United States from 1809 to 1817.

Madison was dissatisfied with the weak national government established by the Articles of Confederation, which was America's first constitution. Along with Alexander Hamilton and George Washington, Madison feared that the young country was on the brink of collapse due to disputes over territory, war pensions, taxation, and trade. He helped organize the Constitutional Convention, which produced a new constitution designed to strengthen the republican government.

Madison's Virginia Plan served as the basis for the Constitutional Convention's deliberations, and he was one of the most influential individuals at the convention. He spoke over 200 times during the convention, and his fellow delegates held him in high esteem. Delegate William Pierce wrote that Madison "always comes forward as the best informed man of any point in debate." Madison believed that the constitution produced by the convention was crucial for the fate of republican government worldwide.

In addition to his role in the Constitutional Convention, Madison was a leader in the movement to ratify the Constitution. He joined Alexander Hamilton and John Jay in writing The Federalist Papers, a series of pro-ratification essays that became one of the most influential works of political science in American history. Madison also introduced a series of Constitutional amendments, known as the Bill of Rights, which emphasized freedom of religion, speech, and the press.

Overall, James Madison's contributions to the creation and ratification of the United States Constitution earned him the title of "Father of the Constitution." His efforts advanced the cause of civil and political liberty and had a lasting impact on the foundation of the nation.

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Iroquois Confederacy: Influenced US Constitution, according to historians

The idea of a constitution has a long history, with Aristotle making a formal distinction between ordinary law and constitutional law around 350 BC. Within states, a constitution defines the principles upon which the state is based, the procedure for making laws, and who gets to make them.

The Iroquois Confederacy is a political system that dates back several centuries, to when the Great Peacemaker founded it by uniting five nations: Mohawk, Onondaga, Cayuga, Oneida, and Seneca. In 1722, the Tuscarora nation joined the Iroquois, also known as the Haudenosaunee.

When the Founding Fathers met in 1787 to create the U.S. Constitution, there were no contemporary democracies in Europe from which they could draw inspiration. The only forms of government they had encountered were those of the Native American tribes. Of particular interest was the Iroquois Confederacy, which had already formed a multi-state government that ensured individual governance and freedoms. The structure of the Confederacy was federal in nature, operating under The Great Law of Peace, a doctrine of 117 codicils where individual tribes handled their own affairs but came together to solve issues of common importance.

Historians agree that the Iroquois wielded a major influence on the writings of the U.S. Constitution. In 1988, Congress passed a resolution formally acknowledging the influence of the Iroquois Confederacy on the U.S. Constitution. The resolution stated that "the confederation of the original 13 colonies into one republic was influenced by the political system developed by the Iroquois Confederacy, as were many of the democratic principles incorporated into the constitution itself."

However, this view is not universally accepted. Some historians argue that there is little to no evidence of Iroquois influence on the Constitution. They point out that the congressional journals and Constitutional Convention records contain no references to the political structures of the Iroquois. Instead, they argue that the Constitution was primarily influenced by European Enlightenment thinkers, like Montesquieu, John Locke, and others.

Scottish Enlightenment: A potent tradition in the American Enlightenment

The idea of a constitution has a long history, with Aristotle making a formal distinction between ordinary law and constitutional law around 350 BC. He described a constitution as "the arrangement of the offices in a state" and explored different constitutions of his day, including those of Athens, Sparta, and Carthage.

In the context of the American Revolution, the United States Constitution came into being in 1787, with 38 delegates signing it (39 including George Reed, who signed for John Dickinson of Delaware). This was America's second constitution, the first being the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and could not regulate commerce or print money. The new Constitution created a powerful central government, with the founders setting the terms for its ratification, bypassing state legislatures and calling for special ratifying conventions in each state.

Now, onto the role of the Scottish Enlightenment in the American Enlightenment, which is a fascinating aspect of the broader Enlightenment movement. The Scottish Enlightenment was a period in 18th- and early-19th-century Scotland characterised by significant intellectual and scientific achievements. Scotland had a network of parish schools and five universities, with intense discussions and close readings of new books taking place in intellectual gathering places like The Select Society and The Poker Club in Edinburgh. This movement shared the humanist and rational outlook of the Western Enlightenment, emphasising human reason and rejecting unjustified authority.

The Scottish Enlightenment had a profound influence on the American Enlightenment and, by extension, the drafting of the United States Constitution. Historian Herbert W. Schneider considered it "probably the most potent single tradition in the American Enlightenment." The influence was not limited to political philosophy but extended to various fields, including architecture, art, and music. Scottish thinkers like David Hume were admired by the likes of Benjamin Franklin, who studied Hume's works while in Edinburgh in 1760. They shared ideas about public service and the role of the lower class in choosing their representatives.

The Scottish Enlightenment contributed to the vigorous debates surrounding the drafting of the Constitution, with discussions centred on reason and passion, virtue and ambition, authority and liberty. The courageous spirit of reasoned public discourse, combined with the development of liberty-oriented themes, characterised the Scottish Enlightenment's impact on the constitutional debates in the emerging United States.

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