The Bill of Rights, the initial ten amendments to the U.S. Constitution, is emblematic of the rich intellectual and historical currents that shaped the American culture of liberty and freedom. Of particular note is the profound interplay between so many great minds and ideas from the Enlightenment’s rationalist ideas, the ancient wisdom of Rome and Greece, and the theological roots of Natural Law found in Thomas Aquinas’ “Summa Theologica.
This groundbreaking document from English history was among the first to challenge monarchical absolutism. It stipulated that rulers were not above the law, planting the seeds for constitutional governance. Its impact is palpable in the Bill of Rights, especially where governmental power is curtailed to protect individual rights, such as the due process enshrined in the Fifth Amendment.
More than a mere agreement among pilgrims, the Mayflower Compact established early principles of democratic governance and community welfare. Its legacy is evident in the First Amendment, which champions the rights of individuals to freedom of religion, speech, and peaceful assembly.
Beyond its bold claim of American autonomy, the Declaration’s core philosophy hinges on natural rights, closely echoing the sentiments of Locke, Rousseau, and crucially, Aquinas’ natural law. It asserts that humans, by their divine origin and nature, possess immutable rights. And that government exists only with the consent of the governed.
Although these Articles were eventually deemed inadequate, they were instrumental in spotlighting the delicate balance required between state autonomy and federal might. They set the stage for the Bill of Rights to delineate and safeguard individual freedoms within a unified national framework.
The Ordinance’s emphasis on rights such as religious freedom aligns well with First Amendment protections. It was passed under the Articles of Confederation.
The classical wisdom of these ancient civilizations offered foundational insights into governance. Their pioneering ideas about republicanism, checks and balances, and civic virtue greatly influenced the American Founding Fathers. Such wisdom is embedded within the Bill of Rights, especially in its attempt to prevent any single entity from holding unchecked power.
The historian Polybius, with his thorough examination of Rome’s mixed constitution, argued for the stability of a system that combined elements of monarchy, aristocracy, and democracy. This balance between diverse forms can be seen as a precursor to the Bill of Rights’ protection of individual rights amidst a robust federal system of checks and balances and separation of powers.
Locke’s emphasis on life, liberty, and property as natural rights, and Rousseau’s democratic ideals, particularly his focus on the collective will of the citizens and their involvement in governance, highlighted the need for the Bill of Rights. Both thinkers championed the sovereignty of the individual, which is paramount in the American Constitutional Republic.
Aquinas presented a detailed exposition of natural law, suggesting that there’s a divine, moral order that human laws should mirror. The Declaration of Independence, with its invocation of “Nature’s God,” and the Constitution’s aspiration to achieve “justice” and the “common good,” resonate with Aquinas’ belief that societal laws should reflect this higher moral order. His idea that just and fair governance arises from the pursuit of the common good, informed by natural law, is subtly woven into the American constitutional design.