American Liberty in Political Documents before 1787
This is a Reading List based upon a Liberty Fund Conference on “American Liberty in Political Documents Before 1787.”
American Liberty in Political Documents Before 1787
Topic
Neither American constitutionalism nor the American understanding of liberty originated with the drafting of the American Constitution in 1787 in Philadelphia. It was the result, rather, of trial and error––of earlier efforts to provide a fundamental law through the early state constitutions and Articles of Confederation. But even these documents do not tell the full story, for they were adaptations of colonial documents dating back to the seventeenth century. Each state basically took its colonial government and turned it into an independent constitutional government. Thus, we find a great deal of basic constitutional continuity between the pre- and post-independence political systems. This continuity was strongest in New England––in Massachusetts, which kept its colonial constitution until 1780, and in Connecticut and Rhode Island, which continued to live under their colonial constitutions until the mid-nineteenth century. In short, the United States Constitution has a pedigree that runs back to the founding documents of the American colonies.
Guide to the Readings
Editions used:
- Donald S. Lutz, Colonial Origins of the American Constitution: A Documentary History, ed. Charles S. Hyneman and Donald S. Lutz (Indianapolis: Liberty Fund 1998).
- Bruce Frohnen, The American Republic: Primary Sources, ed. Bruce Frohnen (Indianapolis: Liberty Fund, 2002).
See also in the Online Library of Liberty:
- Collections: The American Revolution and Constitution
- Collections: The Founding Fathers of the U.S. Constitution
Session I: First Attempts at Liberty
Lutz, Colonial Origins of the American Constitution
- Articles, Laws and Orders, Divine, Politic, and Martial for the Colony in Virginia (1610)
- Organization of the Government of Rhode Island (1642)
- The Laws and Liberties of Massachusetts (1647)
Session II: Early Founding Covenants
Lutz, Colonial Origins of the American Constitution
- The Mayflower Compact (1620)
- Providence Agreement (1637)
- Plantation Covenant at Quinnipiack (1638)
- Agreement of the Settlers in New Hampshire (1639).
Session III: The First Constitutions
Lutz, Colonial Origins of the American Constitution
- Pilgrim Code of Law (1636)
- Fundamental Orders of Connecticut (1639)
- Rhode Island Acts and Orders (1647)
- Fundamentals of West New Jersey (1681)
Session IV: The Move toward Liberty from Britain and Views of Liberty in Early State Constitutions
Frohnen, The American Republic:
Avalon Project (external site)
- The Mecklenburg Resolves (1775)
- New Hampshire Constitution (1776)
- South Carolina Constitution (1776)
- Virginia Constitution (1776)
- Pennsylvania Constitution (1776)
- Massachusetts Constitution (1780)
Session V: The Articles of Confederation and its Antecedents
Lutz, Colonial Origins of the American Constitution
- The New England Confederation (1643)
- William Penn’s Plan of Union (1697)
- The Albany Plan of Union (1754)
- Joseph Galloway's Plan of Union (1774)
- Articles of Confederation (1777)
Session VI: The Bill of Rights and its Pedigree
Lutz, Colonial Origins of the American Constitution
- An Act for the Liberties of the People (Maryland, 1638)
- The Massachusetts Body of Liberties (1641)
- Charter of Liberties and Frame of Government of Pennsylvania in America (1682)
Frohnen, The American Republic:
Avalon Project (external website):