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Our Constitutional Heritage Assignment
Jane Davis
School of Government, Liberty University
GOVT 421_D02: American Constitutional History
Dr. Rick Crawford
July 1, 2024
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Introduction
The American Constitution is the principal element of American democracy as well as an
inspiration for many other countries that later established their independence. Yet, its creation
was not entirely inventive or revolutionary but rather the product of historical influences. The
American Constitution is instead an evolutionary document - inspired and cultivated from the
Greco-Roman and English common-law traditions (Lutz, 1998). To understand the political
fundamentals and viewpoints that shaped the Founding Father's vision and foresight, we need to
look into the influences of the traditions that supported the development of American governance
from covenant to constitution.
The Greco-Roman Tradition
The American founders drew inspiration from the ancient Greek and Roman societies –
specifically, the republican systems (Lutz, 1998). These societies flourished on citizen
participation, a mixed government with checks and balances, and the rule of law (McClellan,
2000). Principles and concepts such as limited government and the importance of civic virtue
resonated with the founders which began influencing their structure of a representative
democracy with separation of powers.
The English Common-Law Tradition
The framework of the American system is adopted by English common law. Traditions
that influenced the Founders included principles such as due process, trial by jury, and Habeas
Corpus which were included in the Constitution. Documents like the Magna Carta established
the concept of limiting the power of the monarch and government, and a principle central to the
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American system of checks and balances (Lutz, 1998). The English Bill of Rights strengthened
individual liberties, and in turn, inspired the creation of the Bill of Rights as the first ten
amendments to the Constitution.
From Covenant to Constitution
The development of American governance itself reflects an evolutionary process. Early
colonial documents such as the Mayflower Compact and The Fundamental Orders of
Connecticut served as covenants, which allowed self-government based on the consent of the
governed (Lutz, 1998). These compacts, unlike divinely ordained monarchies, laid out the
fundamentals for charters which outlined specific rights and responsibilities granted by the
British crown. The concept of a constitution later emerged, defining the framework of the
American government and individual liberties.
Political Ideas of the Founding Fathers
The Founding Fathers believed the ultimate power resided with the people (McClellan,
2000). Their concept of civic duty and participation in a representative government resembled
the biblical principle of civic virtue found in Proverbs, “When the righteous are in authority, the
people rejoice…” (Publishers, 2004, Chapter Proverbs 29:2). The separation of powers and
checks and balances were critically vital to prevent tyranny and to ensure government stability.
Documents such as the Bill of Rights and the Magna Carta, each to their own, established
individual liberties and limited the government’s ability to infringe upon individual rights.
Consequently, the Founding Fathers' political ideas were inherited by rich traditions which led to
a system that balanced liberty with order, and popularity with the rule of law.
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Conclusion
In conclusion, the American Constitution is not a revolutionary document, but rather an
evolution and culmination of ideas and practices inherited from the Greco-Roman societies and
the English Common Laws. The Greco-Roman tradition provided the philosophical foundation
of a limited government and separation of powers. While the English common law offered
practical legal principles such as individual liberties, due process, trial by jury, and Habeas
Corpus. The historical development of covenants like the Mayflower Compact and the
Fundamental Orders of Connecticut to charters and finally to a constitution demonstrate the
growth and becoming of the American governance and Constitutional heritage.
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Lutz, D. S. (1998). Colonial Origins of the American Constitution: A Documentary History.
McClellan, J. (2000). Liberty, order, and justice: An Introduction to the Constitutional
Principles of American Government.
Publishers, H. (2004). The Holy Bible: King James Version. Hendrickson Publishers.
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