“What is a
Constitution? It is the form of government, delineated by the mighty hand of the people, in which
certain first principles of
fundamental law are established.”—William Paterson, Delegate to Constitutional Convention and author of the New Jersey Plan
Everybody
talks about Founding Principles—often called First Principles—but what are these bedrock values that formed the basis of
the American Experiment. I believe there were five principles of government
that were firmly held by all fifty-five delegates to the Constitutional
Convention. These principles directed the design of the Constitution of the
United States of America.
- Rights come from God, not government
- All political power emanates from the people
- A limited representative republic protects liberty
- A binding social contract depends on a written constitution
- Private property rights must be protected
This principle is actually embedded in our Declaration of Independence: “We hold these truths to be
self-evident, that all men are created equal, that they are endowed by their
Creator with certain unalienable Rights, that among these are Life, Liberty and
the pursuit of Happiness.”
The
framers didn't believe governments bestowed rights, nor were they an agent to
protect rights—governments abridged rights.
All
political power emanates from the people
The
framers were strongly influenced by John Locke, who advocated government as a
social contract. The popular term, will of the
governed, encapsulates this concept, which means the people are in charge. The power of the people is declared in the
first three words of the Constitution, “We the people …” This principle is also
the underlying basis for our Declaration of Independence, “governments are
instituted among men, deriving their just powers from the consent of the
governed.”
Limited
representative republic
The
framers believed in limited government in the form of a representative
republic. They distrusted a direct democracy, because they equated it to mob
rule. James Madison constantly preached against systems that allowed special
interests (factions) to gain control of the government. He showed that
throughout history, majority factions tyrannized minorities, whether those minorities were based on race, wealth, religion, or geography.
The framers believed that to protect against government oppression, they must
disperse power, and give each branch of government formidable checks over the
authority of every other branch. By the end of the Constitutional Convention,
the Founders also came to firmly believe that the states must act as a solid
check on the national government. Last, monarchies had general power, so they
would give the national government only delineated powers.
Written
Constitution
If
government is a social contract, and it has only limited power formally
delegated by the people, then the contract—Constitution—must be in writing. The
strongest proponent of a written constitution was Thomas Paine, who said, “An
unwritten constitution is not a constitution at all.” This may seem commonplace
today, but England, the most powerful nation on earth, had no written contract.
This was different in America, where all thirteen states had a written
constitution. This American tradition went back to the Mayflower Compact. Our
national heritage is a written constitution that sets the rules for governance
between the people and their elected representative. The Founders intent was
that this contract would only be changed through an amendment process that reengaged the people.
Private
Property Rights
The
Founders were influenced by Adam Smith, and were firm believers in private
property rights. In their minds, private property rights were intertwined with
liberty. True liberty would never allow the government to come at any time and
take a person’s property. That would be Divine Right, which they had fought
eight bloody years to escape.
James
Madison said, “As a man is said to have a right to his property, he may be
equally said to have a property in his rights.” Even if a person owned nothing
else, he still owned his rights, which were the most valuable property of all.
The
Constitutional Convention delegates didn't agree on everything. In fact, they
possibly only agreed on these principles. After all, they did argue
for four months about the design of the government.
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