ANDREW W. YOUNG JOSEPH STORY
It was a "critical period of American history" in which the
fundamental or organic law of the United States, the Federal
Constitution, was formulated. That instrument has not only
commanded the reverence of American patriots--statesmen and
people--during a century and more; it has engaged the
attentive study and aroused the respect and admiration of
foreign students and critics of political institutions.
"After all deductions," says Bryce, it "ranks above every
other written constitution, for the intrinsic excellence of
its scheme, its adaptation to the circumstances of the
people, the simplicity, brevity, and precision of its
language, its judicious mixture of definiteness in principle
with elasticity in details."
The story of this Constitution is as plain and simple as any
in American annals; yet its real features have sometimes
been missed even by friendly commentators. It is a mistake
to say, with Gladstone, that "it is the greatest work ever
struck off at any one time by the mind and purpose of man,"
for the true record of its making shows how deliberate and
difficult the process was. Equally misleading is the
judgment of so profound a master in legal history as Sir
Henry Sumner Maine, when he says that the "Constitution of
the United States is a modified version of the British
Constitution which was in existence between 1760 and 1787."
A juster view is held by the critical scholars of America, a
view which indeed should be deducible, without need of
special scholarship, from the recorded history of the
Constitutional period. "The real source of the
Constitution," says a living American historian, "is the
experience of Americans. They had established and developed
admirable little commonwealths in the colonies; since the
beginning of the Revolution they had had experience of State
governments organized on a different basis from the
colonial; and, finally, they had carried on two successive
national governments, with which they had been profoundly
discontented. The general outline of the new Constitution
seems to be English; it was really colonial."
From the year 1775 there was a federal union in which each
colony regulated its internal affairs by its own
constitution, while the general affairs of the union were
controlled by the Continental Congress. This mode was
substantially continued after the colonies (1776-1779)
became States, with new State constitutions. It was not
finally superseded until the Articles of Confederation,
adopted by the Continental Congress in 1777, had been
ratified by all the separate colonies or States. Under the
articles a new government went into effect March 1, 1781.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account