The Origins of American Constitutionalism

by Donald S. Lutz

In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787.

Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rhode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans’ experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers’ intentions, the place of religion in American politics, and citizens’ continuing role in the development of the constitutional tradition.

Genres: History, Politics, American History, Law, Nonfiction, American Revolution

178 pages, Paperback

First published November 1, 1988

About the author

Donald Lutz is professor of political science at the University of Houston, where he has taught sine 1968. Lutz received his B.A. from Georgetown University in 1965, and his Ph.D. from Indiana University in 1969.

Reviews

[Steven Peterson · Rating 5 out of 5]

This is a fascinating and valuable book. There are a number of scholars who have studies American constitutional history who have made major contributions--Forrest McDonald, Bernard Bailyn, and--in this book--Donald Lutz.

He explores the various elements that shaped the American Constitution. He develops a rich data base. Among these documents--colonial constitutions, state constitutions after the revolution, charters, covenants (religious documents), and pamphlets and sermons. Pulling these various sources together, he presents a story of the roots of the Constitution, He also discusses the Declaration of Independence and the Articles of Confederation.

One very important chapter explores the people to whom the Founding Fathers referred. There were changes with time. Sources included the Bible (as a result of sermons), radical Whigs in England (Trenchard and Gordon), Enlightenment thinkers (Locke and Hume), English common law, and the classics (Greek and Roman sources).

All in all, a fascinating examination of the roots of the American Constitution. . . .

[Robert Glover · Rating 4 out of 5]

This is a fantastic book that refutes the notion that our government is a product of later Enlightenment era European philosophers. Our institutions developed independently out of original charters, covenants, and compacts, e.g., the Mayflower Compact, into communitarian ordnances and charters, and later into the state constitutions and Articles of Confederation.

Europeans were influential in the development of the Declaration of Independence and the Constitution, but not so much that they overrode the pragmatic experiential learning of our own native politicians and statesmen.

At times, the writing is a little dry, but if you're interested in the founding era, this is a wonderful book.

[Kang · Rating 4 out of 5]

This short book is simply indispensable if one wishes to understand the political context and background of the U.S. Constitution.