Omar Bennett
The English colonies were under British control, but they each had their own governmental system. The colonists' British background and the distance between England and America influenced the creation of their own constitutions. The English colonists in America became accustomed to writing their own documents to define their governments. The structure of their churches and the desire to practice their religion without interference also played a role in the creation of self-written covenants as part of their political definition. The colonies' desire for independence from Britain, along with the need for a stronger central government, further motivated the drafting of their own constitutions.
| Characteristics | Values |
|---|---|
| English colonists in America became used to writing their own documents | Religious dissenters wanted to establish their own communities and practice their religion without outside interference |
| Colonists were granted the right to design their own political institutions and practice self-government | The right to life, liberty, and property; the right to participate in legislative councils; the right to be tried by their peers; the right to assemble, consider grievances, and petition the king |
| The independence of the constituent branches of the legislature from each other | |
| The right to keep a standing army in the colonies in times of peace without the consent of the colony was "against law" | |
| The right to bear arms, freedom of speech, and freedom of religion | |
| The Articles of Confederation served as the United States' first constitution | The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and were in force from March 1, 1781, until 1789 |
| The US Constitution came into force in 1789 with 11 states included | The US Constitution was revised and signed in May 1787 |
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What You'll Learn
The desire for self-governance
The English colonies in America were accustomed to writing their own documents to define their governments. This was partly due to necessity, as the time and distance between England and America did not allow for close control from England. It was also a matter of choice. Religious dissenters, who were prominent in the first waves of migration, came to America to establish their own communities and practice their religion without outside interference. This desire, combined with the structure of their churches, led them to use self-written covenants as part of their political definition.
The colonists' British background reinforced their desire for self-governance. British philosophers John Locke and William Blackstone, along with other Enlightenment thinkers, argued for individual freedoms and against oppressive governments. The framers of the Constitution drew inspiration from Britain's Magna Carta, a charter of rights signed by King John of England in 1215, and the English Bill of Rights of 1689. The colonists were also influenced by the idea of a written constitution that could be amended, which was a tradition in England.
The 13 American colonies under British control each had their own governmental system, which was structured based on the type of colony. Royal colonies had a governor directly appointed by the King of England, while proprietary colonies fell under the authority of a proprietor who had been granted land in exchange for service to the crown. Charter colonies, which were owned by companies, were allowed more self-governance, including the election of governors and legislators, and the creation of their own laws as long as they did not conflict with English laws. In practice, the colonies were left to manage most of their own affairs.
As independence from Britain grew nearer, a few colonies drafted their own constitutions, which would later influence the Constitution of the United States. By the 1760s, colonists began to resist what they saw as unfair British control and taxation. In 1774, the Virginia and Massachusetts assemblies proposed an intercolonial meeting of delegates from the colonies to restore harmony with Great Britain. This led to the formation of the First Continental Congress, which adopted a statement of rights and principles later incorporated into the Declaration of Independence and the Federal Constitution. Independence was declared in 1776, and in 1777, the Continental Congress agreed on a form of government, adopting the Articles of Confederation as the United States' first constitution.
The Articles of Confederation established a weak central government that mostly prevented the individual states from conducting their own foreign diplomacy. However, it faced challenges in enforcing its provisions, such as preventing states from pursuing independent policies or occupying disputed territories. The ineffectiveness of the Confederation government in responding to crises, combined with the desire for a stronger central government to coordinate the Revolutionary War, led to calls for revising the Articles. In 1787, delegates from 12 states met in Philadelphia for the Constitutional Convention, where they elected to completely redesign the government. The new Constitution, which remains in force today, was signed after three months of highly charged debate.
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Religious freedom
As the colonies grew more diverse religiously, some began to embrace religious tolerance out of necessity. Colonies with Anglican or Congregational establishments had to accommodate the growing number of French Huguenots, Catholics, Jews, Dutch Calvinists, German Reformed Pietists, Scottish Presbyterians, Baptists, Quakers, and other denominations. Rhode Island, founded by Roger Williams, a Puritan expelled from Massachusetts, became the first colony with no established church and granted religious freedom to all. Pennsylvania, founded by William Penn, a follower of Quakerism, also became known for its religious tolerance, stating that all who believed in God and agreed to live peacefully under the civil government would "in no way be molested or prejudiced for their religious persuasion of practice."
Despite these advancements, religious discrimination persisted in the colonies. Catholics, Quakers, and other non-Puritans were banned from the Massachusetts Bay Colony. The Quakers were expelled from Massachusetts, Presbyterians and Baptists from New England, and Puritans and Quakers from Virginia. However, the Great Awakening in the 1740s brought a growing tolerance of minority religions in some regions.
The adoption of the First Amendment to the U.S. Constitution in 1791 marked a significant shift towards religious freedom. Drafted by James Madison, it established a separation of church and state, prohibiting the federal government from making any law "respecting an establishment of religion." It also prevented the government from interfering with a person's religious beliefs or practices. Thomas Jefferson also played a pivotal role in advancing religious freedom, drafting a bill in 1779 as Virginia's governor to guarantee the religious freedoms of Virginians of all faiths, though it did not become law.
While the U.S. Constitution did not explicitly mention "God" or "Christ," it enshrined the ideals of a nation with a religious foundation but a secular soul. George Washington also contributed to religious freedom, reassuring religious communities before and after the First Amendment's ratification, though he did not officially grant citizens religious freedom.
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Influence of British philosophers
The English colonies in America were used to writing their own documents to define their governments. This was partly due to necessity, as the time and distance between England and America did not allow for close control from England. It was also a result of choice, as religious dissenters among the colonists sought to establish their own communities where they could practice their religion without outside interference. This desire, combined with the structure of their churches, led them to use self-written covenants as part of their political definition. Over time, this evolved into the creation of single, amendable documents that served as the focus of their political systems, known as constitutions.
The English colonies in America were influenced by the ideas of British philosophers such as John Locke, who believed in the concept of natural rights and the social contract. Locke's philosophy held that individuals possess innate, inalienable rights simply by being human: life, liberty, and property. These rights were not granted by a government or any external entity but were inherent. According to Locke, legitimate government power stems from the consent of the governed, and if a government becomes destructive of these rights, the people have the right to alter or abolish it. This philosophy had a profound influence on America's foundational documents, including the Declaration of Independence, which echoes Locke's ideas.
The founding fathers of the United States Constitution, such as George Washington, John Adams, and Thomas Jefferson, were also influenced by Locke's ideas and the optimism of the European Enlightenment. They concurred that laws, rather than men, should be the final sanction and that the government should be responsible to the governed. This belief in the philosophy of natural rights and republicanism shaped their thinking about political matters and the structure of the government they established.
Additionally, the English colonies were influenced by British common law, which originated in the medieval period and evolved through judicial decisions and precedents. This legal system emphasised the importance of individual rights, the rule of law, and the protection of property rights, all of which resonated with the framers of the US Constitution. The Magna Carta of 1215, a cornerstone of British legal tradition, established the principle that even the sovereign is subject to the law and that individuals could not be deprived of their liberty or property without due process. This influence can be seen in the US Constitution's Bill of Rights and amendments, which protect individual liberties and safeguard property rights.
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The need for a central government
The English colonies in America were used to a certain degree of self-governance, with most colonial charters allowing colonists to design their own political institutions and practice self-government. This was partly out of necessity, as the time and distance between England and America did not allow for close control from England.
However, the colonies were still under British control and each had its own governmental system structured based on the type of colony: royal, proprietary, or charter. As a result, the colonies were left to manage most of their own affairs, and the desire for self-governance, coupled with the structure of their churches, led the colonists to use self-written covenants as part of their political definition.
As the American Revolution gained momentum, many political leaders saw the advantages of a centralized government that could coordinate the Revolutionary War. The Articles of Confederation, which served as the United States' first constitution, established a weak central government that mostly prevented the individual states from conducting their own foreign diplomacy. However, this central government struggled to enforce its authority, as seen in its inability to prevent the state of Georgia from pursuing an independent policy regarding Spanish Florida and its ineffectual response to Shays' Rebellion in Massachusetts.
These issues, along with the Confederation government's inability to prevent the landing of convicts exported by the British government to its former colonies, convinced national leaders of the need for a more powerful central government. The Continental Congress, composed of delegates from the colonies, played a key role in this process, and it was during the Constitutional Convention of 1787 that the delegates decided to completely redesign the government, resulting in the creation of the United States Constitution that remains in effect today.
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The right to bear arms
English colonies in America were used to writing their own documents to flesh out the specifics of their governments. This was partly due to necessity, as the time and distance between England and America did not allow for close control from England. It was also a matter of choice. Religious dissenters, who were prominent in the first waves of migration, came to America to establish their own communities where they could practice their religion without outside interference. This desire, combined with the structure of their churches, led them to use self-written covenants as part of their political definition.
The English Bill of Rights of 1689 includes language protecting the right of Protestants to bear arms, stating:
> "That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law."
This bill was a response to King James II, who, in the late 1600s, used "select militias" to suppress political opposition from Protestants by disarming them. James II was overthrown in 1688, and his successors, William and Mary, assured their subjects that they would never disarm them. This assurance was codified as the English Bill of Rights in 1689, giving Englishmen the fundamental right to firearm possession, which predated the American Revolution by over 100 years.
The Second Amendment to the United States Constitution, ratified on December 15, 1791, protects the right to keep and bear arms. The amendment's mission is to ensure the efficiency of a well-regulated militia as it is "necessary to the security of a free State." It does so by ensuring the government does not infringe on the people's rights to keep and bear arms. The Supreme Court affirmed in District of Columbia v. Heller (2008) that this right belongs to individuals for self-defense in the home. The right is not unlimited and does not preclude certain long-standing prohibitions, such as those forbidding "the possession of firearms by felons and the mentally ill."
The Second Amendment was based partially on the right to keep and bear arms in English common law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone, the preeminent authority on English law, described this right as an auxiliary right, supporting the natural rights of self-defense and resistance to oppression, and the civic duty to act in concert in defense of the state. Blackstone understood these auxiliary rights as mechanisms that protected the subjects' natural or inherent rights.
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Frequently asked questions
The English colonies were used to writing their own documents to flesh out the particulars of their governments. This was partly due to necessity, as the time and distance between England and America did not allow for close control from England.
While under British control, the 13 American colonies each had their own governmental system. These were structured based on the type of colony: royal, proprietary, or charter.
The framers of the Constitution took inspiration from Britain's Magna Carta, a charter of rights signed by King John of England in 1215. Their Bill of Rights was inspired by the English Bill of Rights of 1689.
The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and served as the United States' first constitution. The current US Constitution was signed in 1787 and came into force in 1789.
