Liberia's 1847 Constitution: Who Were The Authors?

The Liberian Constitution of 1847 was the first constitution of the Republic of Liberia. It was largely modelled on the Constitution of the United States and established a unitary state governed by three branches: the executive, legislative, and judicial. The constitution was approved in a referendum on 27 September 1847 and remained in effect until its suspension by the People's Redemption Council following a coup d'état in 1980. So, who were the authors of this constitution?

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The 1847 Constitution was based on the US Constitution

The 1847 Constitution of Liberia, the country's first, was largely modelled on the US Constitution. It came into force on 26 July 1847 and was suspended on 12 April 1980 following a coup d'état. The 1847 Constitution established three branches of government: the executive, legislative, and judicial.

The executive branch was led by the President, who was elected by popular vote of all land-owning citizens to a two-year term. The legislative branch was a bicameral body, consisting of a House of Representatives and a Senate. The judicial branch was made up of the Supreme Court, which included the Chief Justice and four associate justices, as well as circuit courts created by the Legislature.

The 1847 Constitution enshrined civil liberties similar to those protected by the US Bill of Rights. It also defined the structure of the government, the rights and duties of citizens, and the mode of passing laws. The legislative power was vested in the Liberian Legislature, which was modelled on the US Congress but had the power to make laws unrestricted by the Constitution. The judicial power was vested in the Supreme Court of Liberia and any subordinate courts created by the Legislature.

The 1847 Constitution was amended several times between 1847 and 1980. Notably, the term length for the President was extended to four years in 1907 and eight years in 1935. The 1847 Constitution was replaced by a new constitution in 1984, which came into force in 1986.

Independence from America

Liberia is a country in West Africa founded by free people of colour from the United States. The emigration of African Americans, both freeborn and recently emancipated, was funded and organised by the American Colonization Society (ACS). The ACS had the goal of resettling free African Americans and had powerful support, including from former President Thomas Jefferson and President James Madison.

In 1818, the ACS sent two representatives to West Africa to find a suitable location for the colony, but they were unable to persuade local tribal leaders to sell any territory. In 1820, 88 free black settlers and 3 society members sailed for Sierra Leone, having signed a constitution requiring that an agent of the Society administer the settlement under U.S. laws. They found shelter on Scherbo Island, but many died from malaria. In 1821, a U.S. Navy vessel resumed the search for a place of permanent settlement in what is now Liberia. Lieutenant Robert Stockton coerced a local ruler to sell a strip of land to the Society, and the Scherbo Island group moved to this new location, naming the settlement Liberia and its capital Monrovia, in honour of President James Monroe.

The mortality rate of these settlers was extremely high, with only 39.8% of the 4,571 emigrants who arrived in Liberia between 1820 and 1843 surviving. In 1846, the first black governor of Liberia, Joseph Jenkins Roberts, requested the Liberian legislature to declare independence, but in a manner that would allow them to maintain contacts with the ACS. The legislature called for a referendum, in which Liberians chose independence. On July 26, 1847, a group of eleven signatories issued a Declaration of Independence and promulgated a constitution, modelled on the U.S. Constitution, creating the independent Republic of Liberia.

The United States did not recognise Liberia's independence until 1862, after the Southern states declared their secession and the formation of the Confederacy. Liberia retained its independence throughout the Scramble for Africa by European colonial powers during the late 19th century, while remaining in the American sphere of influence. The ACS and several northern state governments continued to provide money and emigrants as late as the 1870s. From the first presidential election in 1847, the Liberian Party held political dominance. However, the party used its position of power to cripple its opposition, and in 1869, the Whigs won the presidential election under Edward James Roye.

In the early 20th century, Liberia saw large investments in rubber production by the Firestone Tire and Rubber Company, leading to large-scale changes in the country's economy and workforce. During World War II, Liberia supported the U.S. war effort against Nazi Germany and in turn received considerable American investment in infrastructure. President William Tubman encouraged economic and political changes that heightened the country's prosperity and international profile. Liberia was a founding member of the League of Nations, United Nations, and the Organisation of African Unity.

The Republic of Liberia

The 1847 Constitution created a unitary state governed by three branches of government: the executive, legislative, and judicial branches. The executive branch was led by the President, who was elected by popular vote of all land-owning citizens to a two-year term. The legislative power was vested in the Legislature, a bicameral body made up of a House of Representatives and a Senate. The judicial branch consisted of the Supreme Court, comprising the Chief Justice and four associate justices, and circuit courts created by the Legislature.

Article One of the 1847 Constitution enshrined civil liberties similar to those protected by the Bill of Rights in the United States Constitution. The current constitution, which came into force on 6 January 1986, expands these rights to include a variety of economic and social rights. For example, Article 6 provides for equal access to education, while Article 5 protects traditional Liberian culture. Article 8 establishes workers' rights by prohibiting inhumane or dangerous working conditions, and Article 18 prohibits employment discrimination based on gender, religion, or ethnicity, as well as guaranteeing equal pay.

The 1847 Constitution was amended several times between its adoption and its suspension in 1980. Notable amendments include the extension of the term length for the president, first to four years in 1907 and then to eight years in 1935. The current constitution, approved and adopted by a national referendum on 3 July 1984, replaced the 1847 Constitution.

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Amendments to the Constitution

The 1847 Constitution of Liberia, the country's first, was largely modelled on the Constitution of the United States. It established a unitary state with three branches of government: the executive, legislative, and judicial. The executive branch was headed by a President, who was elected by popular vote of all land-owning citizens to a two-year term. The legislative branch was bicameral, consisting of a House of Representatives and a Senate, and held legislative power. The judicial branch comprised the Supreme Court, with a Chief Justice and four associate justices, as well as circuit courts established by the Legislature.

The 1847 Constitution underwent several amendments between its inception and 1980, when it was suspended following a coup d'état. Notably, the President's term length was extended to four years in 1907 and then to eight years in 1935.

The current Liberian Constitution, which came into force on 6 January 1986, replaced the 1847 version. It maintains similarities to its predecessor, including a continued reliance on the US model. However, it also introduces notable changes. For instance, it establishes term limits for the presidency, restricting incumbents to a maximum of two terms and reducing the term length from eight years to six. Additionally, it raises the financial requirement for presidential candidates, mandating that they possess a minimum of $25,000 in real property, a substantial increase from the previous requirement of $600.

The Constitution also outlines the process for proposing and ratifying amendments. Amendments may originate from either a two-thirds vote in both houses of the Legislature or a petition signed by at least 10,000 registered voters, which must then be approved by a two-thirds vote in the Legislature. Ratification requires the support of two-thirds of voters in a referendum that can only be held at least one year after the proposed amendment has been approved by the Legislature.

The People's Redemption Council

The PRC initially consisted of Doe and 14 other low-ranking officers, but shortly after its founding, Doe increased the size of the body. Three of these new members were former officials from the Tolbert administration. However, conflict between military and civilian members led to division within the council, especially along ethnic lines. Some PRC members criticized their colleagues for engaging in the very corruption they had publicly disavowed. In 1982, Doe and the military PRC members executed several civilian PRC members who opposed them, ending the intra-council conflict.

During its rule, the PRC authorized the arrest of over 100 former government officials from the Tolbert administration, many of whom were brutally beaten and executed in the weeks following the coup. They also significantly increased military spending, leading to criticism from both domestic and international actors. The United States, the Organisation of African Unity, and the West African Economic Community criticized Doe and the PRC for their actions. Additionally, the International Monetary Fund and the World Bank restricted loan terms offered to Liberia during this period.

In 1984, the PRC was dissolved and replaced by the Interim National Assembly. A new constitution was approved by referendum, and in 1985, elections were held, although they were widely criticized as fraudulent. Doe won the presidential election, but it was denounced as fraudulent by some. The PRC's rule marked a tumultuous period in Liberia's history, characterized by ethnic tensions, rising violent crime rates, and economic challenges.

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