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Short answer -- mainly the state constitutions (mostly of the 1770s)... with a long history of English legal documents behind them

As has been noted, there were political theorists (like Montesquieu) who espoused ideas like "separation of powers" that helped shape the U.S. Constitution [USC], but these did not have much to do with the actual FORM of the document. And for that matter, the USC was NOT the first instance of a written constitution/form of govt to use that approach. It is already found in the STATE constitutions discussed below.

I assume you are more interested in the specific written MODELS for the form and provisions. And this is NOT something brand new. Rather, it draws on the British legal tradition.

The most immediate models are the STATE constitutions that began to be written in 1776 (many under the encouragement of John Adams, who himself drafted the Constitution of Massachusetts).*

*see here for a little on Adams's role in early Constitution writing (note also the "separation of powers" in his MA Constitution)
http://www.mass.gov/courts/sjc/john-adams-b.html


Note the basic structure these documents generally followed (though the order might vary, and some might omit a section, such as the "Bill of Rights")

1) PREAMBLE (announcing the intent and basic reasons for the document)

2) Declaration/Bill of RIGHTS

3) Reasons for declaring independence and forming new government (esp common in those written BEFORE the Declaration of Independence, and including similar list of abuses as the Declaration)

4) FORM OF GOVERNMENT -- the 'nuts and bolts' of branches, powers, responsibilities...

You can see several of them here
http://www.yale.edu/lawweb/avalon/states/stateco.htm

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Observations

1) "Preambles" are actually quite common in legal history (and are still used), even if the exact form varies. (Some become confused about this, because they think only of "THE Preamble" --with a capital P -- referring to the one in the USC

2) "Bill of Rights" -- this helps explain the expectation of some that the USC would include a Bill of Rights from the start. It was omitted at first as unnecessary --on the assumption that the government ONLY had the powers already listed and that STATE Constitutions met this need -- though, of course, when several states objected this "section" was quickly added.

This section is likewise found in the state constitutions. But it has an OLDER model in the "English Bill of Rights" of 1689 -- the document in which Parliament justified the removal of James II and replacement with William and Mary in the "Glorious Revolution." (This document is a VERY familiar and important precedent to the founders. Note that the Declaration of Independence and its 'relatives' at the state level** echoed it also in their "list of abuses" by the King --part #3 in the list above)
http://www.yale.edu/lawweb/avalon/england.htm

** these 'relatives' are often PART of the first state constitutions

4) The MAIN part -- "FORM" of government. Again, the state constitutions provide the nearest parallel and model. Note that there is much variation in how the different states outline these matters -- in organization and level of detail. The USC is deliberately LESS detailed than most of this, probably not just to maintain 'flexibility' (though constitutions, not easily amended, work better that way), but also because reaching compromise on numerous details would not have been possible.

DO notice that the USC is well-organized, with related materials kept together, and with the whole arranged into just a handful of articles (contrast this with the state constitutions). This is the work of a key member of the "style" committee (the group charged with 'cleaning up' the language and arrangement), Gouvernor Morris. Morris, incidentally, is ALSO almost entirely responsible for the language of the Preamble.

2007-10-04 09:10:25 · answer #1 · answered by bruhaha 7 · 0 0

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2016-12-24 20:03:29 · answer #2 · answered by Anonymous · 0 0

Hamilton, Madison and John Jay were the Federalists that helped inspire the Constitution. They needed a strong, efficient central government but allowed states to make some choices. Sorry but Jefferson was not involved in the US Constitution but Jefferson and friends did push for a Bill of Rights and threatened to block the Constitution if one was not written.

2016-04-06 22:46:08 · answer #3 · answered by Anonymous · 0 0

Several of the ideas in the Constitution were new, and a large number of ideas were drawn from the literature of Republicanism in the United States, from the experiences of the 13 states, and from the British experience with mixed government. The most important influence from the European continent was from Montesquieu, who emphasized the need to have balanced forces pushing against each other to prevent tyranny. (This in itself reflects the influence of Polybius' 2nd-century BC treatise on the checks and balances of the constitution of the Roman Republic.) John Locke is known to have been a major influence, and the due process clause of the United States Constitution was partly based on common law stretching back to the Magna Carta of 1215.

2007-10-01 14:35:36 · answer #4 · answered by Sean M 4 · 0 0

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