Various factors were taken into consideration during the construction of the American Constitution, which were instrumental in ensuring the rights of its citizens as well as fostering democracy. The U.S constitution was therefore founded upon European doctrines of law as well as influence from various political philosophers. Among the constitutional principles and influential founding documents that were in support of the creation of the U.S Constitution are separation of powers, limited government, checks and balances, popular sovereignty, Baron de Montesquieu’s The Spirit of Laws, Jean-Jacques Rousseau’s The Social Contract and John Locke’s Two Treatises of Government.
Limited power originates from the Hebraic law and is a common practice in Western culture that is similar to the Magna Carta, which restricted the King’s powers. Limited power as a constitutional principle ensures that the government is only allowed to do what the people deemed right for the government to do, thus eliminating the fear of secondary tyranny among citizens. It ensures that the people have the ability to control the government so as not to grant it extreme power (Schechter et al., 1990).
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The Social Contract by Jacques Rousseau is historically significant for stating, “Man is born free, and everywhere he is in chains. Those who think themselves the masters of others are indeed greater slaves than they.” (Montesquieu et al. 1952). This was in a bid to express the need for individuals to dictate the form and direction of the government, thus its historical significance (Montesquieu et al. 1952). “We the People” is contained in the preamble of the Constitution as a symbol of the commitment to popular sovereignty thanks to The Social Contract by Jacques Rousseau.
The Spirit of Laws by Baron de Montesquieu is historically significant for its support of the separation of power including that of the judiciary, executive and legislature (Montesquieu et al. 1952). It contributed towards the creation of the three branches in the American Constitution contained in articles 1, 2 and 3. Two Treatises of Government by John Locke is historically significant for pitching classical liberalism as well as separation of power in government. It contributed towards the creation of the three branches in the American Constitution contained in articles 1, 2 and 3. It also added to the provision of the constitution of natural rights to life, liberty and property under classical liberalism (Locke, 2017).
The three documents are significant and were chosen because they are the papers and principle upon which citizenship and democracy in America are founded.
References
Locke, J. (2017). Two treaties of governemnt .
Montesquieu, C. L. S., Rousseau, J.-J., Rousseau, J.-J., & Rousseau, J.-J. (1952). The spirit of laws . Chicago: Enciclopaedia Britannica
Schechter, S. L., Bernstein, R. B., Lutz, D. S.,New York State Commission on the Bicentennial of the United States Constitution., Temple University,.& Russell Sage College. (1990). Roots of the Republic: American founding documents interpreted. Madison: Madison House.
