17 Historical Documents That Influenced the Founding Fathers of the United States
Cornerstones of Constitutional Confederation and the Principles of Balanced Governance
Introduction
When we think about the foundations of our modern system of government, it is crucial to look beyond the surface and understand the historical roots that have shaped the principles we hold today. The ideas of constitutional confederation—where independent states or entities unite under a common framework while maintaining their sovereignty—didn’t just emerge from thin air. They were developed over centuries, influenced by key documents that guided the Founding Fathers as they crafted the United States.
These documents laid the groundwork for a system where power is balanced between a central authority and individual states, preserving both unity and independence. By exploring these influences, we can better appreciate the careful thought and intention behind the formation of our government.
While not exhaustive, the 17 historical documents in this list influenced the Founding Fathers in significant ways.
The 17 Documents
1. The Charter of Liberties (1100)
Synopsis: Issued by Henry I of England, this charter promised to end the abuses of the previous king and govern justly.
Historical Context: The Charter of Liberties was a response to the oppressive rule of William II and sought to establish a fairer system of governance.
Additional Information: It is an early example of a ruler agreeing to abide by legal principles and limit his own power, influencing the tradition of constitutional governance that the American founders valued.
2. Magna Carta (1215)
Synopsis: The Magna Carta, or “Great Charter,” was signed by King John of England at Runnymede. It established the principle that everyone, including the king, was subject to the law. It guaranteed the rights of barons, protected church rights, provided for swift justice, and safeguarded certain personal liberties.
Historical Context: The Magna Carta was a response to King John’s heavy taxation and arbitrary rule. The barons rebelled, forcing the king to agree to the charter, which limited his power. It became a cornerstone for the development of constitutional law in England and influenced later constitutional documents.
Additional Information: The Magna Carta is often considered the foundation of modern democracy and rule of law. It introduced concepts such as habeas corpus,which protects against unlawful detention.
3. The Vindiciae Contra Tyrannos (1579)
Synopsis: A Huguenot treatise justifying resistance to tyranny. It argued that people have the right to resist a ruler who violates the law and persecutes the faithful.
Historical Context: Written during the French Wars of Religion, it advocated for the rights of subjects to resist unjust rulers.
Additional Information: Its arguments for justified rebellion against tyrannical rulers influenced constitutional thinkers in America.
4. Mayflower Compact (1620)
Synopsis: An early form of social contract created by the Pilgrims aboard the Mayflower. It established a basic form of democracy in which the settlers agreed to form a political body and submit to majority rule.
Historical Context: The Mayflower Compact was signed aboard the Mayflower by 41 male passengers. The Pilgrims sought to establish a colony in Virginia but landed in Massachusetts. The Compact helped ensure cooperation and order in their new settlement.
Additional Information: Often cited as the foundation of American democracy, the Mayflower Compact was significant for establishing self-government and the principle of rule by the consent of the governed.
5. The Petition of Right (1628)
Synopsis: A statement of civil liberties sent by the English Parliament to King Charles I. It protested non-Parliamentary taxation, forced billeting of soldiers, imprisonment without cause, and the use of martial law.
Historical Context: The Petition of Right was a reaction to the arbitrary rule of Charles I, asserting that the king could not override the law and must respect the rights of subjects.
Additional Information: It laid the groundwork for constitutional limits on the powers of the monarchy and influenced American constitutional thought.
6. The Fundamental Orders of Connecticut (1639)
Synopsis: Considered one of the first written constitutions in America, it established a representative government controlled by the citizens of the Connecticut colony. It set the framework for a representative government.
Historical Context: Drafted by settlers in Connecticut, it represented a move towards self-government and the rule of law in the American colonies.
Additional Information: The Fundamental Orders influenced the development of colonial and state constitutions in America and set a precedent for written constitutions.
7. The Massachusetts Body of Liberties (1641)
Synopsis: A code of laws established by the Massachusetts Bay Colony, outlining the rights and responsibilities of its citizens. It provided protections for individual liberties and due process.
Historical Context: Created in the context of Puritan governance in Massachusetts, it aimed to balance religious principles with legal protections.
Additional Information: It influenced the legal and constitutional traditions of the colonies and later the United States by emphasizing the protection of individual rights.
8. The Levellers’ Agreement of the People (1647)
Synopsis: A manifesto advocating for popular sovereignty, extended suffrage, equality before the law, and religious tolerance. It called for representative reforms in England.
Historical Context: Created during the English Civil War, the Levellers sought to extend political rights and ensure greater equality and freedom.
Additional Information: The ideas of the Levellers influenced the development of representative ideals and constitutionalism in the American colonies.
9. Treatises on Government by Algernon Sidney (1698)
Synopsis: Sidney’s works defended republicanism and opposed absolute monarchy. He argued that the people have the right to overthrow a government that becomes tyrannical.
Historical Context: Sidney wrote against the backdrop of the English Civil War and the Glorious Revolution, advocating for limited government and individual rights.
Additional Information: Sidney’s arguments for liberty and resistance to tyranny resonated with American constitutional thinkers and influenced their views on government and individual rights.
10. English Bill of Rights (1689)
Synopsis: This document outlined specific constitutional and civil rights and gave Parliament power over the monarchy. It limited the powers of the king and queen, affirmed parliamentary sovereignty, and guaranteed rights such as the right to free speech within Parliament, the right to bear arms for self-defense, and protections against cruel and unusual punishment.
Historical Context: The English Bill of Rights followed the Glorious Revolution, which deposed James II and brought William III and Mary II to the throne. It was a response to the abuses of the previous monarch and aimed to prevent future tyranny.
Additional Information: This document heavily influenced the U.S. Bill of Rights. It emphasized the importance of a constitutional monarchy where the ruler’s power is restricted by law and subject to the will of Parliament.
11. Two Treatises of Government by John Locke (1689)
Synopsis: Locke’s work is divided into two parts. The first treatise criticizes the divine right of kings, and the second lays out Locke’s theories on civil society based on natural rights and social contract theory. He argues that legitimate government is based on the consent of the governed and exists to protect life, liberty, and property.
Historical Context: Written in the context of the Glorious Revolution, Locke’s treatises justified the overthrow of James II and supported the establishment of a constitutional monarchy under William and Mary.
Additional Information: Locke’s ideas on natural rights and the social contract profoundly influenced the Founding Fathers, particularly Thomas Jefferson, who incorporated these concepts into the Declaration of Independence.
12. Cato’s Letters (1720–1723)
Synopsis: These were a series of essays by John Trenchard and Thomas Gordon published in the London Journal. They promoted republicanism and warned against the dangers of tyranny and corruption.
Historical Context: Written in the context of early 18th-century Britain, Cato’s Letters critiqued the government’s corruption and advocated for liberty and the rights of individuals.
Additional Information: Widely read in the American colonies, these essays inspired revolutionary ideas about liberty, free speech, and the role of government.
13. The Spirit of the Laws by Montesquieu (1748)
Synopsis: Montesquieu’s influential work discusses how laws should be adapted to the people and their circumstances. He introduces the idea of the separation of powers into three branches (executive, legislative, judicial) to prevent tyranny and promote liberty.
Historical Context: Montesquieu wrote in the context of Enlightenment thought, advocating for political reform to prevent despotism and ensure freedom.
Additional Information: Montesquieu’s concept of separation of powers became a fundamental principle in the design of the U.S. Constitution, ensuring a system of checks and balances.
14. The Social Contract by Jean-Jacques Rousseau (1762)
Synopsis: Rousseau’s treatise outlines his theories on the best way to establish a political community. He argues that true political authority comes from a social contract agreed upon by all citizens, aimed at ensuring collective freedom and equality.
Historical Context: Written during the Enlightenment, Rousseau’s work responded to the inequalities and injustices of pre-revolutionary France.
Additional Information: Rousseau’s ideas on direct democracy and the general will influenced the democratic ideals of the American Revolution and the shaping of the U.S. government.
15. Commentaries on the Laws of England by William Blackstone (1765–1769)
Synopsis: Blackstone’s Commentaries provided a comprehensive overview of English law and its principles. It became the primary reference for American lawyers and jurists and influenced the legal system of the United States.
Historical Context: Blackstone’s work systematized and clarified English common law, making it more accessible and understandable.
Additional Information: Blackstone’s Commentaries were used extensively in the colonies and early United States, shaping the American legal tradition and understanding of common law.
16. A Summary View of the Rights of British America by Thomas Jefferson (1774)
Synopsis: This pamphlet argued that the British Parliament had no authority over the American colonies, only the king. Jefferson listed grievances against British rule and asserted the colonies’ right to self-governance.
Historical Context: Written on the eve of the American War for Independence, it helped shape American sentiment and laid the groundwork for the Declaration of Independence.
Additional Information: Jefferson’s arguments in this pamphlet highlighted the philosophical and practical reasons for American independence.
17. Virginia Declaration of Rights (1776)
Synopsis: Drafted by George Mason, this document declared the inherent rights of men, including the right to reform or abolish inadequate government. It outlined specific rights such as freedom of the press, freedom of religion, and the rights to a fair trial and due process.
Historical Context: Adopted by the Virginia Constitutional Convention, it influenced the Declaration of Independence and the U.S. Bill of Rights.
Additional Information: The Virginia Declaration of Rights was a pioneering document in articulating individual liberties and the principles of government by consent.
Conclusion
These documents, along with others, provided the intellectual, philosophical, and legal foundations upon which the Founding Fathers built the United States, emphasizing principles of liberty, justice, and self-governance. They are more than historical artifacts; they are the cornerstones of constitutional confederation and the principles of balanced governance.
From the Magna Carta’s early assertion of limits on centralized power to the treatises that advocated for the rights of individual states and entities, each contributed to the development of a system that values both unity and autonomy. Reflecting on these foundational texts underscores the importance of a government that respects the sovereignty of its constituent parts while providing a framework for collective action.
By understanding and upholding these principles, we continue to honor the vision of the Founding Fathers and ensure that the delicate balance of power they envisioned remains a guiding force in our governance.