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Our Constitutional Heritage
Amanda Rhodes
Liberty University
GOV 421-D02: American Constitutional History
Professor David VanHeemst
March 27, 2023
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Figueroa v. North Park Assignment
Introduction
Throughout James McClellan’s Liberty, Order; and Justice, McClelland defends that
“the American Constitution is an evolutionary document rather than a revolutionary”
(McClelland, 1989). The American Constitution was compiled from a mixture of Greco-Roman
and English common law tradition as laid out in the Magna Carta, the Mayflower Compact, the
English Bill of Rights, and the Fundamental Order of Connecticut. Each have an element that
can be found within the structure of the American government.
Greco-Roman Tradition and its Influence on American
The American Constitution was framed via the influence of the “Constitutional and legal
development in England and the political history of the Greek and Roman republics”
(McClelland, 1989). Further, most of the framers were well-read in works from philosophers
who wrote about ancient Greek and Roman society such as, Herodotus, Thucydides, Plato,
Aristotle and Cicero (McClelland, 1989). Additionally, it was clear that all forms of government
are at risk of corruption due to mankind’s nature to be sinful. An example of this influence is
seen in the way George Washington lead the country in war and politics by using the teachings
of Cincinnatus (McClelland, 1989).
The Framers had some influence on the positive elements of the Greek’s and Roman’s
leadership and governance, they also considered the historical pitfalls of their empires. Thomas
Jefferson once stated about history that it “informs us what bad government is”. (McClelland,
1989). An example of this was the political convergence under the Roman Empire, which further
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solidified to the Framers that “an American government should be federal rather than central”
(McClelland, 1989).
English Common-Law and its Influence on American
The Framers, based on the mistakes in which they knew had taken place in governing of
other countries such as England, had the forethought that if one forgets a mistake that occurred in
the past, that mistake is liable to repeat itself. (McClelland, 1989). An issue that England had was
using a monarchial governmental system which failed to account for the degeneracy of human
nature. The founders felt that the constant changing of the law under English law were bleak,
therefore forming the conception that governmental law would be constantly adapting as the time
changed. As stated, “Change is the means of our preservation” (McClelland, 1989).
The American view on government and our civil liberties is that they were derived from
English Common-Law with several key principles pulled from the Magna Carta, the English Bill
of Rights, the Mayflower Compact, and the Fundamental Order of Connecticut. The Magna
Carta influenced the United States due to many Americans had a misconstrued belief of what
that document represented. Americans in the eighteenth-century believed that the “Magna Carta
affirmed their rights against oppressive rulers” which would further make many American’s
develop a distrust due to the concentrated political power (Kelly, 2019). Additionally, the Magna
Carta had a significant effect on the formation of the American Constitution by way of its
mentioning of Habeas Corpus, which is also “known as the right to due process” (Kelly, 2019).
The English Bill of Rights became a large milestone as it restrained “the king and
queen’s power, established a constitutional monarchy, but it was the product of a particular,
seventeenth-century historical context” (Bessler, 2019). Further, the English Bill of Rights was
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quickened due to King James II having abused his power. (Bessler, 2019). The English Bill of
Rights was influential to the American Bill of Rights, as it includes several of the same attributes
such as “the usual requirements regarding trial by jury, cruel and unusual punishments, search
warrants, freedom of the press, and the subordination of the military to civil government”
(McClelland, 1989).
The Mayflower Compact was self-governed which was “based on popular consent and
rule of law” (McClelland, 1989). This had a significant impact on how things are governed now
as it “helped to introduce in America the principles of religious freedom, the rule of law, and
economic liberty that have shaped the United States for 400 years” (Sailor, 2020). Whereas the
Fundamental Orders of Connecticut “were for all practical purposes the first modern written
constitution” (McClelland, 1989). The Fundamental Orders further served as an influence for
states for their constitutions, and inevitably the nation as a whole (Morrison, 2021).
The Covenant, the Charter, and the Constitution
A covenant is a legal term in England which is “referred to a formal agreement with legal
validity made under the seal of the Crown” (Lutz, 1998). In the second tradition, political
compacts replaced political covenants. Political covenants were more religion based, whereas
political compact has “the absence of oath”. (Lutz, 1998). Further, the American Constitution
and its system were developed from the two traditions, one of which “can be found in the
charters, letters-patent, and instructions for the colonists written in England” (Lutz, 1998). The
second is found within the “covenants, compacts, agreements, ordinances, codes, and oaths
written by the colonists themselves” (Lutz, 1998). By way of colonial charters such as the
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Fundamental Orders of Connecticut, the American colonist were already familiar with the
process.
The constitutionalized system that we now know came from portions of the second
tradition and an example of this would be through compact elements of “the creation of people
and government”, and a government that became “part of the American Constitution’s preamble
or the first few provisions in the Bill of Rights” (Lutz, 1998).
Conclusion
As a consequence of being rooted in this tradition, the Founding Fathers were able to
construct orders, ordinances, and rights for the American people to construct the American
Constitution as well as the Declaration of Independence. The Mayflower Compact aided the
Founding Fathers by starting a contractual government, which later was used as the foundation
“for both popularly based State constitutions and the United States Constitution” (McClelland,
1989). Using that tradition, the Founding Fathers contended with the Declaration and Resolves
of the First Continental Congress, and the Declaration of the Causes and Necessity of Taking up
Arms, that the American people were empowered to constitutional and charter rights, as well as
common law.
Lastly, while it has been stated that the American Constitution nor the Declaration of
Independence were based solely on God’s Word, it is clear God played a magnificent roll in
these men’s hearts. Just as God’s Word states, “Where there is no counsel, the people fall; But in
the multitude of counselors there is safety” (New King James Bible, 2008, Proverbs 11:14)
proves that without God’s guidance there would be no solid government.
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References
McClellan, J. (1989). Liberty, Order, and Justice. Liberty Fund.
Kelly, M. (2019, July 3). Why is the magna carta seen as a key document in US history?
ThoughtCo. Retrieved from https://www.thoughtco.com/why-magna-carta-key-document-
usa-104638
Bessler, J. D. (2019, May). William & Mary Bill of Rights Journal. Retrieved from
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1905&context=wmborj
Sailor, A. (2020, November 23). The Mayflower Compact and the Roots of Economic Freedom
and Private Property. The Heritage Foundation. Retrieved from
https://www.heritage.org/american-founders/commentary/the-mayflower-compact-and-the-
roots-economic-freedom-and-private
Morrison, J. (2021, January 12). The fundamental orders: Connecticut's role in Early
Constitutional Government . Connecticut History | a CTHumanities Project - Stories about
the people, traditions, innovations, and events that make up Connecticut's rich history.
Retrieved from https://connecticuthistory.org/fundamental-orders-understand-how-
connecticut-taught-the-world-to-govern-
2/#:~:text=Adopted%20in%20January%201639%2C%20the,separation%20of%20church
%20and%20state.
.Lutz, Donald. (1998). Colonial Origins of the American Constitution: A Documentary History.
Liberty Fund.
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