The Enlightenment in American Law II: The Constitution

Review of Metaphysics 44 (4):729 - 754 (1991)
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Abstract

REASON AND REVOLUTION, to which Henry F. May has called attention in his noteworthy book, The Enlightenment in America, mentioned in the first article in the present series, marks the period of American colonial history from 1763 to 1776. The Declaration of Independence, I have maintained, is a consummate expression of these Enlightenment features, influenced by the thought of John Locke and others in philosophy. From cautious moderation the American movement of protest against British rule climaxed in a revolution. The dynamic structure of the epoch unfolded as a kind of sorites, of which the major premises are a general philosophy of rights and a particular theory of the British Empire, the minor premises are numerous allegedly factual violations of these theoretical premises, and the conclusion is a decisive act of separation or independence. Since, however, the Enlightenment mode of revolution rested, to reiterate May's statement, on "the belief in the possibility of constructing a new heaven and earth out of the destruction of the old," the moment in history expressed by the Declaration of Independence logically leads to other moments, one of which is the formation of the American republic as both a federal and national union. This singular moment is crystallized in the Constitution of the United States, a document equal in importance to the Declaration of Independence as a symbol of the Enlightenment.

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