Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.
Message: 18th Principle--Principle... of government are set forth in a written constitution
Your Vote:
Did you know?
You can earn activity points by filling your profile with information about yourself (what city you live in, your favorite team, blogs etc.)
18th
Principle
The unalienable rights of the people are
most likely to be preserved if the principles
of government are set forth in a
written constitution
Principle
The unalienable rights of the people are
most likely to be preserved if the principles
of government are set forth in a
written constitution
-
-
The one weakness of the Anglo-Saxon common law was
that it was unwritten. Since its principles were known among
the whole people, they seemed indifferent to the necessity of
writing them down. As Dr. Colin Rhys Lovell of the University
of Southern California states:
"The law applied by any of these Anglo-Saxon
assemblies was customary. Until the Anglo-Saxon
conversion to Christianity it was unwritten and like all
customary law was considered immutable." (English
Constitutional and Legal History, p. 7.)
that it was unwritten. Since its principles were known among
the whole people, they seemed indifferent to the necessity of
writing them down. As Dr. Colin Rhys Lovell of the University
of Southern California states:
"The law applied by any of these Anglo-Saxon
assemblies was customary. Until the Anglo-Saxon
conversion to Christianity it was unwritten and like all
customary law was considered immutable." (English
Constitutional and Legal History, p. 7.)
-
Through the centuries, the British have tried to manage
their political affairs with no written constitution and have
merely relied upon these fragmentary statutes as a
constitutional reference source. These proved helpful to the
American Founders, but they felt that the structure of
government should be codified in a more permanent,
comprehensive form. It will be appreciated, therefore, that
the tradition of written constitutions in modern times is not
of English origin but is entirely American, both in principle
and practice.
their political affairs with no written constitution and have
merely relied upon these fragmentary statutes as a
constitutional reference source. These proved helpful to the
American Founders, but they felt that the structure of
government should be codified in a more permanent,
comprehensive form. It will be appreciated, therefore, that
the tradition of written constitutions in modern times is not
of English origin but is entirely American, both in principle
and practice.
-
Beginnings of a Written Constitution in America
-
The first written charter in America was in 1620, when
the Mayflower Compact came into being. Later the charter
concept evolved into a more comprehensive type of
constitution when Thomas Hooker and his associates
adopted the Fundamental Orders of Connecticut in 1639. It
is interesting that the Connecticut charter makes no
reference to the Crown or the British Government as the
source of its authority. It is a compact of "We, the people." As
historian John Fiske writes:
The first written charter in America was in 1620, when
the Mayflower Compact came into being. Later the charter
concept evolved into a more comprehensive type of
constitution when Thomas Hooker and his associates
adopted the Fundamental Orders of Connecticut in 1639. It
is interesting that the Connecticut charter makes no
reference to the Crown or the British Government as the
source of its authority. It is a compact of "We, the people." As
historian John Fiske writes:
-
"On the 14th of January, 1639, all the freemen of
the three towns assembled at Hartford and adopted a
written constitution in which the hand of the great
preacher [the Reverend Thomas Hooker] is clearly
discernible. It is worthy of note that this document
contains none of the conventional references to a "dread
sovereign" or a "gracious King," nor the slightest allusion
to the British or any other government outside of
Connecticut itself, nor does it prescribe any condition of
church-membership for the right of suffrage. It was the
first written constitution known to [modern] history, that
created a government, and it marked the beginnings of
American democracy, of which Thomas Hooker deserves
more than any other man to be called the father.
"The government of the United States today is in
lineal descent more nearly related to that of Connecticut
than to that of any of the other thirteen colonies.... This
little federal republic ... silently grew till it became the
strongest political structure on the continent, as was
illustrated in the remarkable military energy and the
unshaken financial credit of Connecticut during the
Revolutionary War." (John Fiske, The Beginnings of New
England, The Historical Writings of John Fiske, vol. 6,
Houghton Mifflin Company, Boston, 1902, pp. 155-156.)
"On the 14th of January, 1639, all the freemen of
the three towns assembled at Hartford and adopted a
written constitution in which the hand of the great
preacher [the Reverend Thomas Hooker] is clearly
discernible. It is worthy of note that this document
contains none of the conventional references to a "dread
sovereign" or a "gracious King," nor the slightest allusion
to the British or any other government outside of
Connecticut itself, nor does it prescribe any condition of
church-membership for the right of suffrage. It was the
first written constitution known to [modern] history, that
created a government, and it marked the beginnings of
American democracy, of which Thomas Hooker deserves
more than any other man to be called the father.
"The government of the United States today is in
lineal descent more nearly related to that of Connecticut
than to that of any of the other thirteen colonies.... This
little federal republic ... silently grew till it became the
strongest political structure on the continent, as was
illustrated in the remarkable military energy and the
unshaken financial credit of Connecticut during the
Revolutionary War." (John Fiske, The Beginnings of New
England, The Historical Writings of John Fiske, vol. 6,
Houghton Mifflin Company, Boston, 1902, pp. 155-156.)
-
American Constitution Represents
Wisdom of Many
Wisdom of Many
-
Montesquieu pointed out that when it comes to
legislating (which includes the setting up of constitutions),
the writing of the statute or charter is "oftentimes better
regulated by many than by a single person." (The Spirit of
Laws, p. 72.) In harmony with this same sentiment, the
American Founding Fathers considered it wise to "legislate"
their constitution by filtering it through the wisdom and
experiences of many delegates assembled in a convention
rather than leaving it to the genius of some individual. James
Madison commented on this:
Montesquieu pointed out that when it comes to
legislating (which includes the setting up of constitutions),
the writing of the statute or charter is "oftentimes better
regulated by many than by a single person." (The Spirit of
Laws, p. 72.) In harmony with this same sentiment, the
American Founding Fathers considered it wise to "legislate"
their constitution by filtering it through the wisdom and
experiences of many delegates assembled in a convention
rather than leaving it to the genius of some individual. James
Madison commented on this:
-
"It is not a little remarkable that in every case
reported by ancient history in which government has
been established with deliberation and consent, the task
of framing it has not been committed to an assembly of
men, but has been performed by some individual citizen
of preeminent wisdom and approved integrity.
"It is not a little remarkable that in every case
reported by ancient history in which government has
been established with deliberation and consent, the task
of framing it has not been committed to an assembly of
men, but has been performed by some individual citizen
of preeminent wisdom and approved integrity.
-
It is always difficult to operate through a committee, a
group, or a convention as the Founding Fathers did.
Nevertheless, the history of the convention demonstrates that
the final product was far stronger than any individual could
have written it. Time has also proven the tremendous
advantage of having a completely written document for
reference purposes rather than relying upon tradition and a
few scattered statutes as the fundamental law of the land.
group, or a convention as the Founding Fathers did.
Nevertheless, the history of the convention demonstrates that
the final product was far stronger than any individual could
have written it. Time has also proven the tremendous
advantage of having a completely written document for
reference purposes rather than relying upon tradition and a
few scattered statutes as the fundamental law of the land.
Loading...
Loading...
New Message
Please
login
to post a reply