Activity: Our Constitutional Heritage Assignment
Megan Boisvert (Stumpner)
Helms School of Government, Liberty University
GOVT 421: American Constitutional History
David VanHeemst
July 2, 2025
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Our Constitutional Heritage
Introduction
James McClellan opens his book Liberty, Order, and Justice with the statement: "The
American Constitution is an evolutionary rather than a revolutionary document" (McClellan,
1989). McClellan's statement suggests that the Constitution did not emerge from the American
Revolution but evolved over many centuries of political philosophy, legal tradition, and practical
governance. The Founding Fathers drew on classical republican ideals, English Common Law,
and their own colonial experiences to create a political system that emphasized stability,
ordered liberty, and the rule of law.
Contributions of the Greco-Roman Tradition
The intellectual roots of the American political system stretch back to ancient Greece
and Rome. The Greeks introduced the concept of democracy, or rule by the people. Athenian
democracy introduced key principles such as popular sovereignty and equality before the law,
ideas that are reflected in the American Constitution.
The Roman Republic had a structural influence, as it advanced the concept of a mixed
government, balancing monarchy, aristocracy, and democracy, and inspired the Founders'
design of the executive, legislative, and judicial branches (McClellan, 1989). The Roman concept
of civic virtue, in which citizens prioritize the common good over personal interests, deeply
resonated with American republicanism. Classical authors such as Cicero, Polybius, and Aristotle
were widely read among the Founders and served as intellectual models for the development of
constitutional governance.
Contributions of the English Common-Law Tradition
Many of the individual rights protected under the U.S. Constitution and Bill of Rights
have roots in English common law and historical documents. The Magna Carta established the
right to a fair trial and protection against habeas corpus. The English Bill of Rights is another
important document because it affirms the rights to petition and bear arms, as well as
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Our Constitutional Heritage
protections against cruel and unusual punishment. The common-law tradition also introduced
the concept that courts should adhere to previous rulings, ensuring stability and predictability in
legal decisions. This concept underlies the American judicial system's reliance on precedent to
interpret laws and the Constitution.
From Covenant to Charter to Constitution
The American constitutional system went through three stages: covenant, charter, and
Constitution. Each stage contributed to the formation of a government founded on popular
sovereignty and the rule of law. The covenant was founded in early colonial America and was
influenced by Reformed Protestant theology among the Puritan settlers. The Mayflower
Compact was an agreement made before God and among members of a community to form a
political and moral society. Authority in covenants came from God and was expressed through
the mutual consent of the governed. It introduced the idea that legitimate government must be
consensual and morally grounded.
The charter stage introduced a more formal legal structure and was issued by the English
Crown. Charters, such as those for Virginia and Massachusetts, provided colonial governments
with the legal authority to function. Lutz explains that charters merged English legal traditions
with the earlier covenantal ideas of consent and limited power.
The American political order matured into a constitutional system in the late 18th
century, with the drafting of state constitutions and the U.S. Constitution. Americans shifted
from inherited authority to a system created and ratified by the people themselves. According
to Lutz, this stage marked the culmination of earlier development in the moral legitimacy of
covenants, and the legal formality of charters came together in constitutions that were written,
supreme, and rooted in popular sovereignty.
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Our Constitutional Heritage
Political Ideas of the Founding Fathers
The Founding Fathers synthesized these traditions into a set of principles that shaped American
politics, among them the belief in natural rights, which include life, liberty, and property. These
rights, they believed, were inherent and inalienable, not granted by the government but
protected by it. The Founders also advocated for a limited government and emphasized the
importance of checks and balances to prevent tyranny. Both Montesquieu and the Roman
models drew on it as they implemented a separation of powers among the executive,
legislative, and judicial branches.
Conclusion
The U.S. Constitution did not suddenly emerge from the chaos of the Revolution. The
Constitution evolved from centuries of legal, philosophical, and political development. From the
civic ideals of Greece and Rome to the legal traditions of England and from the practical
governance of colonial America, the Founders drew on a wealth of sources to construct a
durable and principled system. Understanding the Constitution as an evolutionary document
highlights its foundation in historical precedent and its ability to endure and adapt while
preserving fundamental liberties.
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References
Colonial Origins of the American Constitution: A Documentary History. Online Library of Liberty.
(n.d.) https://oll.libertyfund.org/titles/lutz-colonial-origins-of-the-americanconstitution-a-
documentary-history#lf0013_head_015
Liberty, order, and justice. Online Library of Liberty. (n.d.-b).
https://oll.libertyfund.org/titles/mcclellan-liberty-order-and-justic e
The mayflower compact - und school of law. (n.d.-c).
https://law.und.edu/_files/docs/ndlr/pdf/issues/95/1/95ndlr1 .pdf
