The Influence of Foundational Documents on the

Constitution:
Sample Student
Connections Academy

Without the privileges and also the responsibilities that come along with American
citizenship, the United States would not have the rich, vibrant democracy that it does
today. Many of our rights come from the Constitution, and include freedom of speech and
protections against government action such as unreasonable search and seizure of
personal property. With these guarantees come responsibilities that good citizens should
fulfill. Some of these responsibilities are mandatory, such as paying taxes and obeying
the law (Remy, 2006, p. 391). Others are voluntary but essential to a full-functioning
democracy, and include voting, allowing others to give their opinions, and staying
informed (Remy, 2006, p. 391). Modern American citizenship rights and responsibilities
outlined in the U.S. Constitution originate from the Magna Carta, The Petition of Right,
and John Lockes Second Treatise on Government. All three of these documents
emphasize the key rights and responsibilities of citizens in a democracy.
The modern concept of citizenship originated with the Magna Carta. Written in
England in 1215, the essence of this document was that King John, the monarch of
England at the time, did not have absolute sovereignty over the people or Parliament. The
document begins with a listing of rights guaranteed to the people by stating to all free
men of our kingdom we have also granted all the liberties written out below (British
Library, n.d.). This philosophy greatly influenced the founding fathers; they
incorporated this into the U.S. Constitution outlining freedoms and rights for people.
For example, Amendment X states that, The powers not delegated to the United States
by the Constitution, nor prohibited by it to the states, are reserved to the states
respectively, or to the people. (U.S. Constitution, Amendment X) This means that
powers not specified for the United States government or State governments belong to

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the people. The Magna Carta, therefore, set up a precedent for limited government in the
United States.
Like the Magna Carta, the Petition of Right was another document that limited the
power of the English government. In 1628, King Charles I dissolved parliament,
imposed unapproved taxes, and imprisoned dissenters. In response, parliament
reconvened and filed the Petition of Right. This protected citizens from taxes not
approved by parliament. For example, the authors stated that no man hereafter [would]
be compelled to make or yield any gift, loan, benevolence, tax, or such like charge,
without common consent by act of parliament (Roland, 1998). In other words, the king
could not force people to pay a tax without the approval of the representative branch of
government. Other guarantees included protection from unlawful imprisonment, unlawful
imposed quartering of soldiers, and no martial law in times of peace. (Encyclopedia
Britannica, n.d.) This limitation of the kings power influenced the U.S. Bill of Rights.
For example, in Amendment III of the Bill of Rights it states that No soldier shall, in
time of peace be quartered in any house and in Amendment V, it stats that no citizen
should be deprived of life, liberty, or property without due process of law.... Thus,
many of the citizenship rights that we hold dear today come directly from the Petition of
Right.
A third document that significantly influenced the founding fathers constitutional
principles was John Lockes Second Treatise of Government. In the 17th century, Locke
was a political philosopher who contended that humans had certain inherent rights to life,
liberty and property. For example, in section six of the Second Treatise of Government,
The state of nature has a law of nature to govern it, which obliges every one: and reason,

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which is that law, teaches all mankind, who will but consult it, that being all equal and
independent, no one ought to harm another in his life, health, liberty, or possessions: for
men [is] the workmanship of one omnipotent According to Locke, man has the right
and responsibility to live freely, governed by reason and laws. This is reflected language
of the U.S. founding fathers Declaration of Independence.

The second paragraph

documents that, We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights, that among these
are Life, Liberty and the pursuit of Happiness. Both John Locke and the composers of
the Declaration of Independence used biblical teachings of a higher power, to justify
mans inherent rights through references to the omnipotent and creator. Therefore,
many of the principles of the U.S. foundational documents are an evolution of previous
political philosophers and ancient doctrines of law.
In analyzing the Constitution, Declaration of Independence, and Bill of Rights in
conjunction with the Magna Carta, the Petition of Right, and The Second Treatise of
Government, one can see their clear connection to the rights that we have as citizens and
the responsibilities of a citizen in a democracy. The Constitution and other principles that
were borrowed from European historical documents have helped to develop what it
means to be an American citizen today. The U.S. Constitution specifies many rights and
responsibilities that involve citizen participation. Many of the rights we enjoy as citizens
today come directly from the Constitution. For example, Article 5 discusses the process
of proposing and then ratifying new amendments to the Constitution. According to the
document, The Constitution may be amended in two ways. The standard device is for
both houses of Congress to pass by two-thirds vote a proposal, which they send to the

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states for ratification. (U.S. Constitution, Article V). Therefore, the people elect
members of Congress to represent them and the people also elect members of state
legislatures, both of which are directly involved in the amendment process. Modern
citizenship involves voting, which leads to electing representatives responsible for
making possible changes to the Constitution. This limitation of a central government
through representative elections ensures that active and informed citizens can make a
difference in their society.

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References
Bill of Rights, Amendment III, Amendment V.
British Library. English translation of Magna Carta. Retrieved from
http://www.bl.uk/magna-carta/articles/magna-carta-english-translation
(date accessed: 4/5/2016)
Declaration of Independence, Paragraph II.
Encyclopedia Britannica, The Petition of Right, Retrieved from
http://www.britannica.com/topic/Petition-of-Right-British-history
John Locke, Second Treatise on Government. 1690. Retrieved from
http://www.gutenberg.org/files/7370/7370-h/7370-h.htm
Remy, Richard C. (2006). Glencoe United States Government: Democracy in Action.
New York, NY: McGraw-Hill Glencoe.
Roland, Jon. (1998). The Petition of Right: 1628. Retrieved from
http://www.constitution.org/eng/petright.htm
U.S. Constitution, Article V,

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