The Philosophical Foundation of the US Constitution

Abstract

This article explores the philosophical underpinnings that guided the Framers of the US Constitution in establishing a government, following its War of Independence (1775-1783), as the first large republic in history. The Founding Fathers first began convening formally during the First Continental Congress in 1774, though the path to independence escalated with the Second Continental Congress in 1775. Central to their concerns was the protection of individual rights, a concept deeply rooted in Western political thought. These rights, including freedom of speech, belief, and private property, were essential to safeguard against government overreach. The tyrannical rule of King George III constantly violated His Majesty’s American subjects’ fundamental rights, due to the high rising costs of the war with France. Although, it was the British government (the Parliament) which was in charge of running the Empire. Through the eyes of American subjects, it was the King who was responsible for many grievances such as “taxation without representation.” The Declaration of Independence (July 4, 1776), and the US Constitution (September 17, 1787) declare, enlist and protect those rights. The measures for protecting those rights for the people, and protecting the integrity of the government were among the two essential concerns for the Founding Fathers after gaining the independence. There is a delicate balance between these two concerns which has been engraved within the Constitution. American republic represents that balance to keep. The concern for saving the republic from foreign and domestic enemies remain as strong as before. After the Philadelphia Convention in 1787, when Benjamin Franklin was leaving Independence Hall, he was reportedly asked by a woman, “Well, Doctor, what have we got—a republic or a monarchy?” Franklin famously responded: “A republic, if you can keep it.” (McHenry, 85.)

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Shahram Arshadnejad
Claremont Graduate University

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