The Authors Of Liberia's First Republic Constitution

The Constitution of Liberia is the supreme law of the Republic of Liberia. The current constitution, which came into force on 6 January 1986, replaced the Liberian Constitution of 1847, which had been in force since the country's independence. The 1847 Constitution, modelled on the American Constitution, established the Republic of Liberia, although as a unitary sovereign state. The 1847 Constitution was drafted and approved by the Liberian Constitutional Convention on 26 July 1847, the same day the Commonwealth of Liberia declared its independence from the American Colonization Society.

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The 1847 Constitution

On July 26, 1847, the settlers of Liberia declared their independence from America and established the Republic of Liberia. The Liberian Constitution was ratified, and the country's first elections were held, with Liberia's former governor, Joseph Jenkins Roberts, elected as the first president. This 1847 Constitution was modelled on the American Constitution and established a system of government similar to the Federal Government of the United States.

The 1986 Constitution

The Constitution grants all power to the people, stating that free governments are instituted by their authority and for their benefit. It ensures the right to democratic governance, allowing the people to cause their public servants to leave office and fill vacancies through regular elections and appointments. It also expands the political rights outlined in the 1847 Constitution to include a range of economic and social rights. For example, Article 6 provides for equal access to education, while Article 5 protects traditional Liberian culture. The Constitution also establishes workers' rights, prohibiting inhumane or dangerous working conditions and employment discrimination based on gender, religion, or ethnicity, while guaranteeing equal pay.

The Liberian Declaration of Independence

The document outlines the history of the Americo-Liberians who settled in the original colony, and their aspirations for independence and sovereignty. It also lists the injustices committed against African Americans as a result of slavery in the United States, and the role of the American Colonization Society in the foundation of the colony. The Declaration notes the gradual withdrawal of the Society from governance, and the increasing self-governance of the colonists. The goal, as stated, was to establish a state based on the law of nations and to modernise the indigenous peoples of the region, including converting them to Christianity.

The Liberian Declaration parallels the United States Declaration of Independence, particularly in its discussion of natural law and the listing of injustices, which in this case, were perpetrated by the United States. However, it does not assert a right to revolution but instead frames independence as the intended purpose of the colony. The Declaration also calls upon the international community to recognise the independence and sovereignty of Liberia.

The anniversary of the adoption of the Declaration and the Constitution is celebrated as Independence Day in Liberia. The first president of Liberia was Joseph Jenkins Roberts, a free man of colour born in Norfolk, Virginia, in the United States. The Liberian Constitution and flag were modelled after those of the United States, reflecting the origins of the founders of Liberia. The current Liberian Constitution, which came into force on 6 January 1986, replaced the 1847 Constitution, expanding on the political, economic, and social rights of its citizens.

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The role of Hilary Teague

Hilary Teague (1802–1853), sometimes written as Hilary Teage, was a prominent figure in the early years of the West African nation of Liberia. Born in the state of Virginia in the United States, Teague was a merchant, journalist, and politician. He was known for his oratory skills and played a significant role in the struggle for Liberia's independence from the American Colonization Society (ACS).

Teague's involvement in Liberian politics began in 1835 when he became the secretary for the Liberian colony. In the same year, he also acquired ownership of the Liberia Herald, a newspaper based in Monrovia, and served as its editor until 1849. Teague used his platform to advocate for Liberian independence, combining republicanism, black nationalism, and Christianity in his writings. He was a leading voice in promoting the cause of independence and worked tirelessly toward this goal.

In 1839, Teague progressed to become the clerk of the convention, presenting the settlers' views on constitutional reform to the American Colonization Society. This role allowed him to shape the conversation around constitutional changes and set the stage for his more direct involvement in drafting the Liberian Constitution a few years later.

Teague's most notable contribution to the history of Liberia came in 1847 when he played an instrumental role at the Constitutional Convention. Representing Montserrado County, he actively participated in debating and ratifying the Liberian Constitution of 1847. His influence extended beyond the convention as he also drafted the Liberian Declaration of Independence in the same year. This declaration was a pivotal moment in the country's pursuit of independence and self-governance.

After Liberia declared independence in 1847, Teague served as the country's first Secretary of State and attorney general. Throughout his life, he remained committed to secular political freedom, a stance that contrasted with his religious affiliation as a Baptist minister. Teague's legacy is celebrated as the "Father of Liberia's Independence," recognizing his pivotal role in shaping the nation's path toward sovereignty and self-determination.

The influence of the US Constitution

The Constitution of Liberia is the supreme law of the Republic of Liberia. The current constitution, which came into force on January 6, 1986, replaced the Liberian Constitution of 1847, which had been in force since the country's independence. The 1986 Constitution establishes a system of government modelled on the Federal Government of the United States.

The 1986 Constitution was drafted by a 25-member National Constitution Committee, appointed on April 12, 1981, following the overthrow and execution of President William Tolbert by a small group of soldiers led by Samuel Doe on April 12, 1980. The 1847 Constitution was suspended, and governing power was assumed by the People's Redemption Council led by Doe, who ruled by decree as the Chairman of the PRC.

The 1986 Constitution was submitted to a national referendum on July 3, 1984, and was approved by 78.3% of voters. It came into effect on January 6, 1986, with the inauguration of Doe and the newly elected Legislature of Liberia. The executive power of the state is vested in the President of Liberia, who is entrusted to faithfully execute the laws of the country. The Constitution introduces term limits, prohibiting the President from serving more than two terms, and reducing presidential terms from eight years to six. It also increases the requirement for candidates for the presidency to own real property from $600 to $25,000.

The 1986 Constitution grants legislative power to the Legislature of Liberia. The Legislature is not restricted in its power to make laws, as long as those laws do not violate any provision of the Constitution. The Constitution vests judicial powers in the Supreme Court of Liberia and any subordinate courts created by the Legislature. It also places requirements on judicial appointees, mandating that Supreme Court justices have been counsellors of the Supreme Court Bar for at least five years, and that all other judges have been either practicing attorneys for three years or members of the Supreme Court Bar.

The 1986 Constitution provides for a variety of economic, social, and political rights. It grants equal access to education, protects traditional Liberian culture, establishes workers' rights by prohibiting inhumane or dangerous working conditions, and prohibits employment discrimination on the basis of gender, religion, or ethnicity, while also guaranteeing equal pay. It also invokes the separation of church and state and prohibits a state religion. However, it retains the controversial nationality requirements of the 1847 Constitution, limiting citizenship to "persons who are Negroes or of Negro descent."

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