The 18th century was a time of change and reform for Americans. Having gained newfound independence from Great Britain, they now faced the task of coming up with an efficient way to govern themselves. After a long process, both the Constitution, and eventually the Bill of Rights, both emerged and both which are still the governing documents of America today. In Jack Rakove’s book, Declaring Rights, he states that “how Americans thought about bills of rights was a function of how they thought about constitutionalism more generally.” He was correct in his statement; Americans views on constitutionalism did directly affect how they viewed bills of rights. However, Americans had two different views on constitutionalism leading them to have two different views about bills of rights. As a new nation emerged, a new interpretation of the word “constitution” also emerged.
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What was once “regarded as the mixture of law, custom, conventions of governance and institutions existing at any one moment” were instead “charters creating institutions that would henceforth act under the authority they bestowed.” Under this view, constitutions were now the law of the land, even placing it above the highest official in the government. Because of this, any law enacted by the government had to fall under the guidelines of the Constitution, and if the law were to fall outside the guidelines, it could be deemed unconstitutional. In “Four Letters Interesting Subjects”, the author attempts to define the word constitution. The author states that constitutions serve two main purposes: 1) to decide what the form of government should be and 2) what powers should the government have. The author also concludes that constitutions should guarantee, not grant, the rights of man. The word “right” was also taking on a new definition during this period. Previously, a right has been regarded as a person’s title to ownership. What would later become considered undeniable right were, at the time, considered liberties and privileges that were permitted by the state and could therefore easily be taken away by the state. The 17th century saw a change in the way “right” was defined. A right was now covered those things that had formerly been known as liberties and privileges. Ownership still applied to the word but now in a different sense; a man owned his liberties and privileges and they were something that was bought and could be taken away by the government, it was more of a birthright. The definition of rights, and more so whom rights apply to, has continued to evolve. When the Constitution and Bill of Rights were written, those rights didn’t apply to everyone, mainly just white, male landowners. In a more modern interpretation, rights apply to autonomous individuals, regardless of race, sex, gender, religion, etc. The Magna Carta served as what many people regard as the first bill of rights to be constructed. This was the first time that a group of people created rules and regulations that would keep the ruler in check. The writers of America’s bill of rights drew inspiration from the Magna Carta, especially Chapter 39. This chapter states that “no free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgement of his peers and by law of the land” or what is now regarded as the 5th Amendment in the Bill of Rights. Writers also drew inspiration from the English Bill of Rights passed in 1689. This gave more than just noblemen the right to petition and it also “guaranteed “freedom of speech” in Parliament and the right of Protestants to have “arms for their defence.” It also outlawed excessive bail and cruel and unusual punishment, which Americans copied almost verbatim in the Bill of Rights. James Madison used his series of essays, now known as The Federalist Papers, to help garner support for the new constitution. As pointed out in Eric Foner’s Voices of Freedom, Madison and other supporters of the new constitution argued that rather than posing as a threat to the rights of Americans, the new Constitution instead protected those rights. Under the new constitution, power was
What was once “regarded as the mixture of law, custom, conventions of governance and institutions existing at any one moment” were instead “charters creating institutions that would henceforth act under the authority they bestowed.” Under this view, constitutions were now the law of the land, even placing it above the highest official in the government. Because of this, any law enacted by the government had to fall under the guidelines of the Constitution, and if the law were to fall outside the guidelines, it could be deemed unconstitutional. In “Four Letters Interesting Subjects”, the author attempts to define the word constitution. The author states that constitutions serve two main purposes: 1) to decide what the form of government should be and 2) what powers should the government have. The author also concludes that constitutions should guarantee, not grant, the rights of man. The word “right” was also taking on a new definition during this period. Previously, a right has been regarded as a person’s title to ownership. What would later become considered undeniable right were, at the time, considered liberties and privileges that were permitted by the state and could therefore easily be taken away by the state. The 17th century saw a change in the way “right” was defined. A right was now covered those things that had formerly been known as liberties and privileges. Ownership still applied to the word but now in a different sense; a man owned his liberties and privileges and they were something that was bought and could be taken away by the government, it was more of a birthright. The definition of rights, and more so whom rights apply to, has continued to evolve. When the Constitution and Bill of Rights were written, those rights didn’t apply to everyone, mainly just white, male landowners. In a more modern interpretation, rights apply to autonomous individuals, regardless of race, sex, gender, religion, etc. The Magna Carta served as what many people regard as the first bill of rights to be constructed. This was the first time that a group of people created rules and regulations that would keep the ruler in check. The writers of America’s bill of rights drew inspiration from the Magna Carta, especially Chapter 39. This chapter states that “no free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgement of his peers and by law of the land” or what is now regarded as the 5th Amendment in the Bill of Rights. Writers also drew inspiration from the English Bill of Rights passed in 1689. This gave more than just noblemen the right to petition and it also “guaranteed “freedom of speech” in Parliament and the right of Protestants to have “arms for their defence.” It also outlawed excessive bail and cruel and unusual punishment, which Americans copied almost verbatim in the Bill of Rights. James Madison used his series of essays, now known as The Federalist Papers, to help garner support for the new constitution. As pointed out in Eric Foner’s Voices of Freedom, Madison and other supporters of the new constitution argued that rather than posing as a threat to the rights of Americans, the new Constitution instead protected those rights. Under the new constitution, power was