Article I: Definition (1789)
Article I begins by defining the first of three separate powers of the government. It establishes a
bicameral legislature: a Senate and a House of Representatives. It also explains
the form, function, powers, and limitations of the legislative branch of
government.
Notes for this
section:
Separation of Powers
The Legislature
Separation of Powers
The Legislature
As
I have said before the Founding Fathers were smart, practical and well read
men, and before we go further I would like to establish how they developed the foundational thinking
behind the Constitution. Remember, the
Constitution took eleven years, a lot of discussion and passionate arguments. Americapedia has this to say regarding the
works of others and the impact history had on these men.
The Magna Carta is the
oldest example of a compact in England. The Mayflower Compact,
the Fundamental
Orders of Connecticut, and the Albany Plan
are examples from the American colonies. The Articles of
Confederation was a compact among the states, and the Constitution
creates a compact based on a federal system
between the national government, state governments, and the people. The
Hayne-Webster Debate centered around the nature of the compact created by the
Constitution.
The
Spirit of the Laws (1748)
Charles de Secondat, Baron de
Montesquieu (1689-1755), a French philosopher and jurist, wrote The Spirit
of the Laws. In this work, he pointed to the English Bill of Rights as
an ideal model of government. He also posited that
• the best form of government
combines monarchy with administrative authority made of distinct and separated powers (the legislative, executive,
and judicial branches) with checks and balances of
power.
Blackstone commented on
Montesquieu’s theories as “constitutionalism of liberty and complexity.” James
Madison was greatly influenced by Montesquieu and incorporated many
of his ideas—most notably that of separated powers —into the Virginia Plan and finally the Constitution and Bill of Rights. Source:
The English Bill of Rights (1689)
The English Bill of Rights (1689)
The English Bill of Rights is an English precursor of
the Constitution, along with the Magna
Carta and
the Petition
of Right.
The English Bill of Rights limited the power of the English sovereign, and was
written as an act of Parliament. As part of what is called the “Glorious
Revolution,” the King and Queen William and Mary of Orange accepted the English
Bill of Rights as a condition of their rule.
The Bill of Rights asserted that Englishmen had certain
inalienable civil and political
rights,
although religious liberty was limited for non-Protestants: Catholics were
banned from the throne, and Kings and Queens had to swear oaths to maintain
Protestantism as the official religion of England. Unless Parliament consented,
monarchs could not establish their own courts or act as judges themselves;
prevent Protestants from bearing arms, create a standing army; impose fines or
punishments without trial; or impose cruel and unusual punishments or excessive
bail. Free speech in Parliament was also protected. These protections are roots
of those in the Constitution and the First, Second, Fourth, Fifth, Sixth, and Eighth Amendments. Source:
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