History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
In England, from the time of the Conquest, until Magna Charta had gone
far towards destroying the system, a feudal monarchy had precluded all
questions touching the form or the spirit of government. The chief
traits of the present constitution, which arose in a great measure from
the circumstance that the lower orders of the nobility became gradually
so much amalgamated with the people as to give rise to the distinct
power of the commons, have all along been inconsistent with the
enactment of new forms of civil polity; although from the time of the
Reformation to the Revolution of 1688, the active principles of English
freedom have, at different junctures, made advances of the utmost
importance. The foundations on which the Stuarts sought to establish
their throne were directly at variance with the spirit and principles of
the Reformation, which totally denied the doctrine of passive and
unlimited obedience, and which led to the struggles that gave birth to
the Puritans. Those severe reformers, whose church constitution was
purely republican, naturally sought to carry its principles into the
state. The result was the Parliamentary troubles of James the First, the
execution of Charles the First under the forms of judicial proceeding,
and the despotism of Cromwell under the forms of a commonwealth. Charles
the Second returned, untaught by all that had happened, to attempt the
reëstablishment of the Stuart principles of unlimited obedience; and
James the Second, who naturally united to them the Catholic religion,
being driven from his kingdom, the question arose of a vacant throne,
and how it should be filled. In all these events, however, from the
death of Elizabeth to the great discussions which followed the
abdication of James the Second, the idea of calling upon the people of
England to frame a government of their own choice, and to define the
limits and powers of its various departments, never arose. The
Convention Parliament discussed, and were summoned to discuss, but a
single fundamental question,--that involving the disposal of the crown.
Public-domain text, read in full here on John Shaqi.
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