William Gladstone, long-time prime minister of England in the 19th century, said the United States Constitution was “the most remarkable work known to me in modern times to have been produced by the human intellect at a single stroke.”

This master of the art of politics knew from experience in government how difficult it must have been not only to write what became the most enduring federal constitution in history but to do so in less than four months.

From May to September 1787, the Constitution's authors struggled to salvage a workable government for a nation that seemed likely to disintegrate. These scholars and practitioners of government had to balance citizens' rights and the rights and powers of state and federal governments.

English Roots

The political training of the Constitution's framers occurred within the parameters of English traditions. Although England has no written constitution, its government was shaped by several factors.

Its legal system, Common Law, evolved from court cases rather than prescriptive codes. Judges followed precedents previously set in similar cases. There was a sense that laws evolved from popular instinct about citizens' rights.

The Magna Carta is another fragment of this political system. In 1215 powerful barons and churchmen forced the king to accept limits to his power, especially his power to tax these barons and churchmen. The Magna Carta has been used in English history to clarify the monarch's role in legislative matters.

Citizens' right to determine their own taxation evolved from this document. Need for money to fight wars occasionally led kings to consult lords spiritual and temporal to work out ways to finance these wars. Eventually representatives of the wealthy merchant class were also invited to these meetings.

Monarchs' use of lords and commons ingrained in both classes a sense that they were central to the functioning of the government.

After decades of profound and sometimes bloody conflict between monarchy and Parliament, King William and Queen Mary accepted the Bill of Rights enacted by Parliament in 1689. This stated that certain rights are “indubitable rights and liberties of the people” of England and these could not arbitrarily be taken away by the monarch.

The maelstrom of seventeenth century English politics drove settlers to the American colonies. These refugees brought with them what they perceived to be the mechanics of England 's government which they then incorporated into colonial governments.

These perceptions and practices shaped the experience of the Constitution's authors. Because these practical men wanted to “get it in writing,” they tapped into another current of their times.

Age of Reason Applications

English political practices inspired thinkers of the Age of Reason. These philosophes strove to capture the essence of good government in logical terms. They developed the graceful language that expresses the high ideals marking the documents accompanying the birth of the United States.

A basic concept was the idea of natural rights. Certain rights, for example, “Life, Liberty, and the Pursuit of Happiness,” are inherent in every person and cannot be taken away without due process.

From this it flowed that a government is created only to protect these rights. It exists only with the consent of the governed and has only those powers and rights granted by the citizens who may also take away any of the governments' rights and powers.

A philosophe who greatly influenced the Constitution's authors was Baron de Montesquieu. He argued that the government most able to safeguard citizens' rights was one in which the legislative, executive and judicial functions are separated, thus allowing them to check and balance each other.

Citizens' Rights Key

The version of the Constitution ratified by the states was far from final. States insisted that citizens' rights be enumerated more clearly than the document itself described them.

The promise of a Bill of Rights secured states' approval. Section 8, Article 18 of the Constitution states that the federal government may make all laws perceived to be “necessary and proper” to achieve its functions.

However, the Tenth Amendment says powers not explicitly assigned to the federal government are reserved to the states or to the citizens. Control over the spread of slavery became the flash point for these opposing concepts.

The Civil War, fought about interpreting the Constitution, was a victory for the federal government. Since then, when Americans talk about “the government,” in most cases they mean the federal not the state government.

National crises have expanded federal power. The Great Depression fostered a dramatic increase in its responsibilities. Two World Wars also enhanced federal power.

The emergence of the United States as the world's most powerful nation has caused the federal government to assume even more responsibility, not only in the U.S., but throughout the world.

The Constitution is still a work in progress. Its Preamble states that “We the People” are the true authors of the nation. “The People” are no longer just the rich white men who wrote the document but a far broader segment of the citizenry. The Constitution has been amended 27 times.

Every law—local, state, and federal—is tested against the Constitution. Every generation of Supreme Court justices tweaks the Constitution. Robert P. Casey, Sr., Pennsylvania's governor in the 1980s, said, “As a lawyer, I was trained to believe that the Constitution means what the United States Supreme Court says it means.”

It will never be finished while U.S. citizens can amend it to adapt to changing conditions and values. This demands informed citizenship. As Thomas Jefferson said, “Eternal vigilance is the price of liberty.”

About the author: Terese Shinners, BVM (Ellena) spent years trying to alert students in her history classes to their responsibility for creating the society in which they live. She is currently working in local politics in Wauwatosa, Wis., and worrying about the state of the Union.

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© 2007 Sisters of Charity, BVM