State Constitutions
Prior to the
Philadelphia Convention
Introduction
Many historians, constitutional scholars, and American political theorists devote extensive attention to the Articles of Confederation and the Federal Constitution while giving comparatively little consideration to the state constitutions that preceded the Philadelphia Convention of 1787. This omission is a serious analytical error. A substantial number of delegates to the Federal Convention had previously participated in their own state constitutional conventions, where they first confronted the practical problems of republican government: sovereignty, representation, separation of powers, executive authority, and the relationship between government and the people. The political experience, institutional experimentation, and conceptual vocabulary that shaped the Federal Constitution were forged initially in these state documents. To neglect the early state constitutions is therefore to leave a critical gap in one’s understanding of the origins of the United States Constitution.
At the time of the Philadelphia Convention, eleven states operated under written constitutions drafted during or immediately after the break with Great Britain. This paper examines those eleven constitutions and organizes each analysis into three parts. The first considers the preamble, where present, to assess the stated purposes and underlying theory of government. The second examines the structure of the state government, including the distribution of power among branches, institutional checks and balances, terms of office, and the scope of governmental authority. The third evaluates the relationship between government and the people, focusing on declarations of rights, suffrage provisions, and the legal status of slavery where applicable.
These three elements together provide a comprehensive framework for understanding how Americans in the revolutionary era conceptualized self-government before 1787. Preambles illuminate intent and political philosophy; structural provisions reveal assumptions about power, stability, and accountability; and declarations of rights demonstrate evolving ideas about liberty and popular sovereignty. Taken collectively, these features reveal the shared constitutional culture that informed deliberations at Philadelphia.
The primary sources for this study are the official constitutions ratified by the states themselves. Eleven of the thirteen states adopted new constitutions between the outbreak of armed conflict with Great Britain in 1775 and the convening of the Federal Convention in 1787. New Hampshire adopted the first such constitution on January 5, 1776, while Massachusetts ratified the last of these foundational state constitutions in 1780.
Two states—Connecticut and Rhode Island—did not draft new constitutions during this period and instead continued to operate under their colonial royal charters of 1662 and 1663, respectively. Connecticut did not adopt a new constitution until 1818, and Rhode Island not until 1843. Because this paper focuses on constitutions consciously drafted by Americans in the revolutionary era, and on how that drafting experience influenced the delegates at Philadelphia, these two charter governments are excluded. Likewise, constitutions adopted before 1776 or after 1787 fall outside the scope of this study.
By 1787, two states—South Carolina and New Hampshire—had already replaced their initial post-1775 constitutions with revised versions, in 1778 and 1784 respectively. This paper examines those later constitutions rather than their predecessors, as they more accurately reflect mature revolutionary thinking and exerted greater influence on the framing generation. New Hampshire’s first constitution, for example, explicitly proclaimed continued loyalty to the British monarch in its preamble, a commitment abandoned within months as independence became unavoidable. The state’s 1784 constitution therefore provides a more authentic representation of its conception of republican government.
The constitutions analyzed in this paper are Virginia’s, New Jersey’s, Delaware’s, Pennsylvania’s, Maryland’s, and North Carolina’s constitutions of 1776; Georgia’s and New York’s constitutions of 1777; South Carolina’s constitution of 1778; Massachusetts’ constitution of 1780; and New Hampshire’s constitution of 1784. Some states, such as Virginia and Delaware, adopted declarations of rights as separate documents formally incorporated into their constitutions. Others enumerated rights directly within the constitutional text, while a few—most notably Georgia and South Carolina—lacked a discrete bill of rights but nonetheless recognized individual liberties in scattered provisions.
Each of these constitutions is examined through the same three-part framework and then compared to the United States Constitution. This comparative approach reveals which constitutional principles were widely shared among the states and which were ultimately incorporated into the federal system. Of these eleven documents, only one remains in effect today: the Massachusetts Constitution of 1780, the oldest functioning written constitution in the world and a direct predecessor to the Federal Constitution itself.
Syllabus
Virginia’s Constitution
June 29, 1776
Virginia's Declaration of Rights
June 12, 1776
Preamble
Virginia’s constitutional preamble announces a decisive break from Great Britain and justifies that separation through a catalog of repeated injuries and abuses, closely paralleling the logic and structure of the Declaration of Independence adopted days earlier. This resemblance is unsurprising given Virginia’s central role in the revolutionary movement and the intellectual influence of Virginians such as Thomas Jefferson, even though Jefferson himself was not the primary drafter of the state constitution.
The preamble culminates in a declaration of constituent authority and necessity, asserting that republican government must be deliberately constructed to prevent political collapse:
We therefore, the delegates and representatives of the good people of Virginia, having maturely considered the premises, and viewing with great concern the deplorable conditions to which this once happy country must be reduced, unless some regular, adequate mode of civil polity is speedily adopted… do ordain and declare the future form of government of Virginia to be as followeth.
This language reflects a central assumption that would later dominate the Philadelphia Convention: that liberty required formal constitutional design, not merely resistance to tyranny.
Complementing the constitutional preamble, Virginia’s Declaration of Rights grounds government itself in the protection of inherent liberties, asserting that these rights “do pertain to them and their posterity, as the basis and foundation of government.” In Virginia’s political theory, rights are not granted by government; rather, government exists to secure preexisting rights. This premise would become foundational to American constitutionalism.
Structure of Government
Virginia established a tripartite system of government composed of a bicameral legislature, an executive supported by a council, and an independent judiciary.
Legislative authority resided in the General Assembly, consisting of a House of Delegates and a Senate. Representation in the House was allocated by locality, with each county electing two delegates and certain cities electing one. Delegates were elected annually by free men aged twenty-one or older who met property and residency requirements. Eligibility for office required a minimum age of twenty-five, county residency, and land ownership. The House possessed extensive powers, including initiating legislation, electing its own officers, establishing procedural rules, filling vacancies, approving or rejecting Senate amendments, and impeaching executive and judicial officers.
The Senate consisted of twenty-four members elected from districts for four-year terms, with one-quarter of the body rotating out annually. Senators were chosen by the same electorate and subject to similar qualifications as delegates. The Senate could reject legislation outright or propose amendments, though it was prohibited from amending money bills, which it could only approve or reject. Certain appointments, including state treasurers and secretaries, required joint legislative action.
Executive power was intentionally constrained. The Governor was elected annually by the General Assembly and could serve no more than three consecutive one-year terms before being barred from office for four years. Executive authority was shared with an eight-member Council of State, also elected by the legislature with staggered terms. The governor served as commander-in-chief during times of war, appointed militia officers, granted pardons (except in cases of impeachment), convened the legislature when necessary, and oversaw military courts. The Council advised the governor, approved local officials such as sheriffs and coroners, and selected one of its members to serve as president of the council, who functioned as lieutenant governor.
Judicial authority resided in a system of courts culminating in a Supreme Court of Appeals. Judges at all levels were appointed by both houses of the General Assembly and served during good behavior, effectively granting them life tenure. This structure emphasized judicial independence while reinforcing legislative supremacy over appointments.
Notably absent from Virginia’s constitution were several features later considered essential: an explicit oath of office, a detailed amendment process, an explicit prohibition on religious establishment, a direct discussion of slavery, or a comprehensive incompatibility clause barring dual officeholding. These omissions reveal both the experimental nature of early state constitution-making and the unresolved tensions that would resurface in 1787.
Bill of Rights
Virginia’s Declaration of Rights was the most influential rights document produced during the revolutionary era. It articulated a comprehensive theory of popular sovereignty, affirming that government derives from the people and exists for their benefit, and that the people retain an inalienable right to reform or abolish inadequate government.
The Declaration recognized core civil liberties, including the rights to life and liberty, protections against excessive bail and cruel and unusual punishment, due process guarantees such as the right to a speedy jury trial, protection against self-incrimination, and safeguards against unreasonable searches and seizures. It prohibited titles of nobility, affirmed the necessity of regular elections, and declared that no individual in office could suspend or prevent the execution of the law.
Suffrage, however, was explicitly tied to property ownership, reflecting the belief that political independence required economic independence. This logic also underpinned opposition to property taxation perceived as threatening ownership itself.
The Declaration protected freedom of the press, affirmed the importance of a well-regulated militia while expressing hostility toward standing armies, and called for uniformity in county governments. It concluded with a robust defense of religious liberty, rejecting compulsory religious establishment and endorsing freedom of conscience.
While slavery was not explicitly addressed, the Declaration acknowledged property rights in enslaved persons by guaranteeing jury trials in disputes involving property—implicitly reinforcing existing racial and legal hierarchies. This silence, paired with indirect recognition, highlights the moral contradictions embedded in revolutionary constitutionalism.
New Jersey’s Constitution
July 2, 1776
Preamble
New Jersey’s preamble advances a clear theory of political legitimacy rooted in popular sovereignty and reciprocity. It asserts that the authority of kings is derived from the people and exists only for the benefit of the entire society. When a ruler ceases to provide protection and instead governs for personal or parliamentary dominion, allegiance is no longer owed. The preamble articulates this principle explicitly, declaring that “allegiance and protection are, in the nature of things, reciprocal ties; each equally depending upon the other, and liable to be dissolved by the others being refused or withdrawn.”
This emphasis on reciprocity provides the constitutional justification for separation from Great Britain and frames independence not as rebellion, but as a lawful response to violated obligations. The preamble concludes by asserting the necessity of a written constitution to organize and unite the people of New Jersey for their common defense against an external enemy and to establish an orderly civil government grounded in consent rather than inherited authority.
Structure of Government
New Jersey established a bicameral legislature and a weak executive, reflecting a pronounced fear of concentrated power.
Legislative authority resided in two houses: the General Assembly and the Legislative Council. The General Assembly consisted of three members elected annually from each county. Assembly members were required to be freeholders, residents of their county, and possess property valued at no less than five hundred pounds. Elections were conducted by an unusually broad electorate: all inhabitants—men and women alike—aged twenty-one or older who possessed property worth at least fifty pounds and resided in the county were eligible to vote. This provision made New Jersey the only state to explicitly extend suffrage to property-owning women during the revolutionary era.
The General Assembly elected its own speaker, appointed necessary officers, initiated legislation, and originated all money bills. Such revenue bills could not be altered or rejected by the Legislative Council, reinforcing the Assembly’s primacy as the more directly representative body.
The Legislative Council consisted of one member elected annually from each county. Councilors were required to be freeholders, county residents, and possess property valued at no less than one thousand pounds. The Council shared legislative authority, could propose legislation, and elected a vice president. Laws required a majority vote of both houses. Joint legislative powers included appointing high-ranking military officers and electing the state treasurer annually. The legislature also retained authority to adjust the size of the Assembly, provided it did not fall below thirty-nine members.
Executive power was vested in a Governor, elected annually by a joint vote of both houses of the legislature. The qualifications for governor mirrored those required of Legislative Council members. The office was deliberately limited: there was no lieutenant governor, and vacancies were filled by special election. The governor presided over the Legislative Council and possessed a vote within it, convened the legislature when necessary, served as commander in chief of the state militia, and exercised executive authority with the advice of councilors. Notably, the constitution did not establish a separate executive council, further limiting independent executive power.
Judicial authority was divided between two high courts. The High Court of Appeals, composed of the governor and members of the Legislative Council, exercised appellate jurisdiction and the power to grant pardons. The Supreme Court oversaw lower courts and administered general judicial business. Judges of the Supreme Court served seven-year terms, while justices of inferior courts served five-year terms. Judicial appointments were made by the governor with legislative oversight, reinforcing legislative dominance over the judiciary.
Several notable provisions define New Jersey’s constitutional character. Oaths of office were required; religious establishment was prohibited; dual officeholding was restricted; and local officials such as sheriffs and coroners were elected annually, with limits on consecutive terms. Slavery was not addressed, nor was any formal amendment process provided.
Bill of Rights
New Jersey did not adopt a separate bill of rights, but incorporated protections for individual liberties throughout the constitutional text. The constitution guaranteed the rights of the accused to confront witnesses and retain legal counsel, affirmed the right to trial by jury—declaring it inviolable—and protected private property by ensuring that estates of the deceased passed to heirs rather than reverting to the state.
Religious liberty received particularly strong protection. The constitution guaranteed freedom of conscience, prohibited religious taxes, barred the use of public funds for the construction or maintenance of churches or the support of clergy, and explicitly rejected religious tests for public office. In doing so, New Jersey articulated both freedom of religion and freedom from religious compulsion, anticipating later federal debates over establishment and free exercise.
Delaware’s Constitution
September 10, 1776
Delaware’s Declaration of Rights
September 11, 1776
Preamble
Delaware’s constitutional preamble is notably brief and procedural. It simply states that the freemen of the state elected delegates for the purpose of establishing a system of government. Unlike many contemporaneous constitutions, it does not attempt a philosophical justification for independence or outline a theory of political legitimacy. Likewise, Delaware’s Declaration of Rights contains no separate preamble.
Structure of Government
Delaware formally declared a separation of powers, but in practice constructed a highly entangled tripartite system marked by overlapping offices and shared personnel across branches. This constitution illustrates both the early commitment to separation of powers in theory and the difficulty of implementing it in practice.
Legislative power was vested in a bicameral General Assembly, consisting of a House of Assembly and a Legislative Council. The House of Assembly comprised seven members elected annually from each county. Electors and members were required to be freeholders who owned property unencumbered by debt. The House elected its own speaker and officers, established procedural rules, filled vacancies, and possessed the sole power to initiate money bills. It also exercised impeachment authority, appointed the attorney general, and elected justices of the peace.
The Legislative Council consisted of nine members—three from each county—elected for three-year terms, with one-third rotating out annually. Councilors were required to be freeholders over the age of twenty-five. The Council elected its own officers, set procedures, filled vacancies, and exercised impeachment authority. Unlike in many states, the Council could amend or reject money bills. Joint legislative powers included overturning county court decisions and appointing generals and other high-ranking officers.
Executive power resided in a President, elected by a joint vote of both houses of the General Assembly for a three-year term. No lieutenant executive was provided. The President exercised executive authority in conjunction with a four-member Privy Council, whose members served four-year terms with staggered rotation. Each house elected two councilors, ensuring legislative influence over executive decision-making.
The President’s powers included convening the General Assembly, requesting funds, imposing temporary embargoes, granting pardons (except in cases of impeachment), and serving as commander in chief alongside the Privy Council. The executive branch appointed certain civil officers, filled vacancies, and oversaw appointments not explicitly reserved to the legislature. The Privy Council also appointed sheriffs and coroners annually.
Judicial power was similarly interwoven with the political branches. Delaware’s highest court of appeals consisted of seven members: the President, three Legislative Councilors, and three House Assembly members, with the state secretary serving as clerk. County courts consisted of a chief justice and associate justices appointed jointly by the President and the General Assembly, serving during good behavior. These courts could appoint their own clerks and officers.
This extensive blending of legislative, executive, and judicial personnel stands in sharp contrast to later federal design and illustrates the constitutional instability that would concern delegates in 1787.
Notable provisions included required oaths affirming belief in God and Jesus Christ; a prohibition on religious establishment; restrictions on dual officeholding, including by ministers; bans on bearing arms near elections; and a limited approach to slavery. Persons entering Delaware after ratification could not be enslaved, though those already enslaved remained so. Unlike several other early constitutions, Delaware included a formal amendment process.
Bill of Rights
Delaware’s Declaration of Rights is among the most comprehensive of the revolutionary era, offering a detailed enumeration of political, civil, and procedural liberties.
It affirmed popular sovereignty, equality before the law, and the right of the people to reform or abolish government. Political participation was tied to property ownership, reinforcing the prevailing belief that independence of judgment required economic independence. The Declaration rejected any suspension of laws outside legislative authority and required frequent legislative sessions to facilitate redress of grievances. Citizens were guaranteed the right to petition government peacefully.
The Declaration articulated a robust theory of reciprocal obligation: individuals were entitled to protection of life, liberty, and property, but were also bound to contribute proportionally to the public defense, whether through personal service or an equivalent contribution. Conscientious objectors were exempted from bearing arms upon payment of an alternative.
Strong protections for due process were included. These encompassed prohibitions on ex post facto laws; guarantees of access to courts and speedy justice; trial by jury; rights of the accused to notice of charges, counsel, confrontation of witnesses, compulsory process, and protection against self-incrimination; and bans on excessive bail, fines, and cruel or unusual punishment. The Declaration also condemned general warrants and warrantless searches.
Military power was subordinated to civilian authority. A well-regulated militia was identified as the proper defense of a free government, while standing armies were deemed dangerous absent legislative consent. Quartering of soldiers without consent was prohibited in peacetime.
Judicial independence was explicitly affirmed as essential to liberty, and freedom of the press was declared inviolable. Religious liberty was protected broadly, with guarantees of freedom of conscience and equal civil rights for all Christians, provided religious practice did not disturb public peace or safety.
Pennsylvania’s Constitution
September 28, 1776
Preamble
Pennsylvania’s preamble presents one of the most explicit and philosophically ambitious statements of popular sovereignty produced during the revolutionary era. It declares that government is “instituted and supported for the security and protection of the community” and exists to enable individuals to enjoy their natural rights. When government fails in this trust, the people retain the collective right to alter or abolish it in whatever manner best promotes their safety and happiness.
The preamble justifies separation from Great Britain on reciprocal grounds. Pennsylvania had pledged allegiance to the British monarch in exchange for protection; when that protection was withdrawn and replaced with a “tyrannical war of subjugation” carried out in the interest of Parliament, political obligation dissolved. Legitimate authority, the preamble asserts, reverted to the people themselves.
All colonies, it concludes, ought therefore to become free and independent states, grounded in governments derived solely from popular authority. Pennsylvania’s constitution was adopted by common consent, deliberately and without violence, and explicitly disavowed favoritism toward any class, sect, or denomination. The goal was not merely independence, but the creation of a continually improvable government dedicated to the happiness of both present and future generations.
Structure of Government
Pennsylvania established a radically democratic bilateral system consisting of a unicameral legislature and a weak plural executive, rejecting the bicameralism adopted by nearly every other state.
Legislative authority resided in a single body, the Assembly of Representatives, composed of members elected annually from each county, including the city of Philadelphia. Representation was apportioned by population, with a census conducted every seven years. Members were limited to serving no more than four out of every seven years. Suffrage was extended broadly: all free men aged twenty-one or older who paid taxes were eligible to vote, and their adult sons could vote even if they neither owned property nor paid taxes. Eligibility for office required county residency but imposed few additional restrictions.
The Assembly elected its own speaker and officers, appointed the state treasurer, established procedural rules, enacted legislation, granted municipal charters, addressed grievances, and exercised impeachment authority. It was expressly prohibited from altering or infringing the constitution itself. Legislative proceedings were to be published weekly, and all bills were required to be publicly available prior to final passage, except in cases of emergency—an extraordinary commitment to transparency.
Executive power was vested in a President, Vice President, and a twelve-member Executive Council. The President and Vice President were elected annually by a joint ballot of the Assembly and Council and served one-year terms. Executive authority was tightly constrained. The President could appoint civil and military officers, grant pardons, prepare for defense, call the Assembly into session, and request funds or temporary embargoes, but could not adjourn the legislature or personally command troops in the field. Executive decisions were made collectively with the Council, whose members served three-year staggered terms with mandatory intervals between service.
Judicial power was decentralized. Judges were appointed by the Assembly and served seven-year terms. Notably, the President and Council also sat as judges in the Supreme Court, further blurring the separation between executive and judicial functions.
Several distinctive provisions shaped Pennsylvania’s constitutional identity. Officeholders were subject to impeachment during or after service; militia service was universal, with lower-ranking officers elected by the soldiers themselves; local officials such as sheriffs and coroners were elected by county voters; and dual officeholding was prohibited. Religious tests required acknowledgment of God, but no formal establishment of religion was declared. Slavery was not addressed, nor was a formal amendment process included.
Most notably, Pennsylvania created a Council of Censors, elected every seven years, empowered to evaluate whether the constitution had been violated, whether public officials had abused their trust, and whether the legislature should propose constitutional reforms. This institution embodied Pennsylvania’s belief that popular oversight must be continuous rather than episodic.
Bill of Rights
Pennsylvania’s Declaration of Rights was the most expansive and socially ambitious of the revolutionary period. It affirmed equality of rights and reiterated that all power originates with the people, who retain the authority to regulate government and recall their representatives. Public officials were explicitly described as trustees and servants of the people, and governance for the benefit of a narrow interest was condemned as illegitimate.
The Declaration enumerated extensive civil and political liberties: freedom of religion and conscience; freedom of speech, press, assembly, and petition; the right to emigrate; and protections for property, due process, and jury trials in both criminal and civil cases. Criminal procedure safeguards included the right to counsel, notice of charges, confrontation of witnesses, compulsory process, protection against self-incrimination, and bans on excessive bail and punishments.
Military provisions emphasized civilian control, a universal militia, opposition to standing armies, and protections for conscientious objectors. Elections were to be free, equal, secret, and voluntary, with strict prohibitions against bribery and corruption. The Declaration also addressed economic and social concerns rarely seen elsewhere, including the right to pursue an occupation, compensation for compulsory public service, proportional punishment, preference for labor over imprisonment for minor crimes, and public education through county schools.
The Declaration mandated legislative accountability by requiring public disclosure of proceedings, approval of taxation through representative institutions, and periodic popular review through the Council of Censors. It declared itself an integral part of the constitution and immune from violation.
Maryland’s Constitution
November 11, 1776
Preamble
Maryland’s constitution is accompanied by a detailed Declaration of Rights, which serves as the philosophical foundation of the document. The preamble situates Maryland’s separation from Great Britain within the broader imperial crisis, specifically referencing Parliament’s Declaratory Act, which asserted parliamentary authority to tax the colonies without representation. Parliament’s use of force to compel colonial obedience was framed as a violation of the colonists’ consent and of the English constitutional tradition. As a result, Maryland declared itself separated from British society and established a new constitutional government to secure its independence and preserve the rights of its people.
Structure of Government
Maryland established a bilateral system with a bicameral legislature and a weak executive constrained by an advisory council. Legislative authority resided in the General Assembly, composed of a House of Delegates and a Senate.
The House of Delegates consisted of four members per county, elected annually. Electors were men at least twenty-one years of age who owned property valued at over thirty pounds and resided in the county in which they voted. Eligibility for office required that delegates be men at least twenty-one years old, own fifty acres of land, and reside in the county they sought to represent. The House of Delegates possessed significant powers, including originating money bills, proposing legislation to the Senate, amending Senate bills, calling witnesses, hearing complaints, committing individuals to jail, impeaching officials, and imposing taxes. The House also appointed state treasurers and commissioners.
The Senate consisted of fifteen members elected to five-year terms. Senators were required to be at least twenty-five years old and possess property valued at one thousand pounds. Rather than being directly elected, senators were chosen by electors selected by the same voters who elected members of the House of Delegates. These electors, two per county, assessed candidates and selected members of the Senate. The Senate held the power to pass legislation, reject money bills, fill its own vacancies, and elect a president of the Senate. Both legislative houses shared the authority to fill vacancies in the governorship.
Executive power was vested in a governor and an executive council. The governor served a one-year term, with a limit of three consecutive terms, and was elected by a joint ballot of both houses of the General Assembly. Eligibility required that the governor be at least twenty-five years old, a resident of the state, and possess property valued at five thousand pounds. The governor’s powers included appointing temporary officers, serving as commander in chief of the militia, granting pardons, laying embargoes for periods of less than thirty days, and enforcing quarantine regulations during times of plague. The governor also appointed sheriffs for each county, as well as the chancellor, judges, justices, attorney general, military officers, and surveyors.
The Executive Council consisted of five members serving five-year terms, elected by the General Assembly. Council members were required to be at least twenty-five years old and possess property valued at one thousand pounds. The council advised the governor and held the authority to fill its own vacancies, further limiting executive independence.
Judicial authority was vested in county courts regulated by the General Assembly. County justices appointed their own clerks, and the highest chancery court was presided over by a single chancellor appointed by the governor.
Notable provisions included oaths of office that required recognition of the Christian God and explicit renunciation of allegiance to England. While the constitution did not establish a state religion, it prohibited individuals from holding multiple offices, including clergy holding civil office. Sheriffs were elected by their respective counties. Slavery was not addressed. The amendment process required approval by a majority of the General Assembly three months prior to the next election.
Bill of Rights
Maryland’s Declaration of Rights articulated a comprehensive theory of popular sovereignty and limited government. Political power was declared to originate from the people and to exist solely for the public good. The people retained the right to regulate, reform, or abolish their government if it failed to serve its purpose, including the right to resist oppressive authority. Elections were to be free and frequent, with suffrage extended to property-holding citizens, and the separation of powers among the legislative, executive, and judicial branches was explicitly affirmed.
The Declaration protected numerous civil liberties, including freedom of speech within the legislature, the right to petition the government peacefully, freedom of the press, and protections against retrospective laws, monopolies, titles of nobility, and excessive bail or cruel and unusual punishments. It reaffirmed core English common-law rights such as trial by jury, due process, and protection against self-incrimination, illegal searches and seizures, and deprivation of life, liberty, or property without legal process. Criminal defendants were guaranteed the right to be informed of charges, to counsel, to confront witnesses, to compel favorable testimony, and to receive a speedy trial by an impartial jury.
Fiscal and military powers were tightly constrained. Taxes could only be imposed with legislative consent, were to be proportional to wealth, and could not take the form of poll taxes. Standing armies were prohibited without legislative approval, the military was to remain subordinate to civil authority, and quartering of troops was forbidden. Martial law was restricted to active military personnel. Judges were subject to impeachment by a two-thirds vote and were barred from holding other offices, while executive officers were subject to frequent rotation.
Religious liberty was protected, though with notable limitations. Individuals were guaranteed freedom of religion and freedom from religious coercion, provided that religious practice did not disturb public peace. However, the constitution permitted an equal tax for the support of the Christian religion, with taxpayers allowed to designate the denomination to receive their contribution. No public funds could be used to build or repair new churches, and religious tests were prohibited except for a general oath affirming Christian belief. Certain denominations were permitted to swear alternative oaths consistent with their traditions.
North Carolina’s Constitution
December 18, 1776
Preamble
North Carolina did not include a preamble to its Declaration of Rights, but it did preface its governmental framework with a statement of political theory grounded in reciprocity. The constitution declares that “allegiance and protection are, in their nature, reciprocal,” and that allegiance may rightly be withdrawn when protection is refused. Because the king had declared war against the colonies, he was no longer considered their protector, and consequently the people no longer owed him allegiance. Having been severed from British protection and political society, North Carolina asserted the necessity of establishing a new government, authorized by the people, to secure their happiness, safety, and prosperity.
Structure of Government
North Carolina established a bilateral system consisting of a bicameral legislature and a weak executive constrained by an advisory council. Legislative authority was vested in a General Assembly composed of a House of Commons and a Senate.
The House of Commons consisted of two representatives from each county, elected annually. Electors were citizens over the age of twenty-one who resided in the county and paid taxes. Eligibility for office required residency in the county and ownership of at least one hundred acres of land. The House of Commons possessed the authority to elect its speaker, appoint necessary officers, pass legislation, and fill its own vacancies.
The Senate consisted of one member from each county, also elected annually. Senators were elected by voters over the age of twenty-one who owned at least fifty acres of land. To qualify for office, a senator was required to be a state resident and own at least three hundred acres of land. The Senate held the power to elect its own speaker and officers, pass legislation, and fill vacancies.
Certain legislative powers were exercised jointly by both houses. These included the requirement that bills be read three times in each house and signed by the presiding officers, the election of judges and military officers, the annual election of the state treasurer, the impeachment of public officials, the appointment of a secretary for three-year terms, and the authorization of purchases of Native American land.
Executive authority was vested in a governor, a lieutenant governor, and a Governor’s Council. The lieutenant governor served as the presiding officer of the Senate. The governor served one-year terms and was limited to no more than three terms within a six-year period. The governor was elected by the General Assembly and was required to be at least thirty years old, a resident of the state, and possess property valued at one thousand pounds.
The governor’s powers were deliberately limited and included serving as commander in chief of the militia, expending funds appropriated by the General Assembly, laying embargoes for up to thirty days, granting pardons for offenses not requiring legislative approval, enforcing executive authority as restricted by the constitution, and filling vacancies. The Governor’s Council consisted of seven members elected annually by the General Assembly and served to advise the governor, further restraining executive independence.
Judicial powers were not explicitly outlined in the constitution, reflecting the legislature’s dominance within the governmental structure.
Notable provisions included oaths of office requiring religious acknowledgment, though the constitution did not establish a state religion or authorize religious taxation. The holding of multiple offices was prohibited, including clergy serving in civil office. The constitution made no mention of slavery or an amendment process. Additionally, individuals who had received public funds were required to repay them in full before becoming eligible for office.
Bill of Rights
North Carolina’s Declaration of Rights articulated a strong doctrine of popular sovereignty. All political power was declared to be vested in and derived from the people alone, who retained the right to regulate and reform their government. The separation of legislative, executive, and judicial powers was affirmed, and any use of governmental force not sanctioned by the people’s representatives was declared illegitimate. Elections were to be free and frequent, ensuring continued accountability to the electorate.
The Declaration protected extensive civil liberties, including the right to due process, protection against self-incrimination, indictment or impeachment prior to prosecution, trial by jury with unanimous verdicts, and safeguards against excessive fines and cruel or unusual punishments. It prohibited illegal searches and seizures, arrests without lawful warrants, and retrospective laws or punishments. Individuals were guaranteed compensation for unlawful treatment, the right to property, and freedom of the press.
Political and military authority was tightly limited. Taxes could not be imposed without representation, standing armies were prohibited, and the right to bear arms for the defense of the state was affirmed. Citizens retained the right to assemble peacefully and petition the government for redress of grievances. Titles of nobility and monopolies were forbidden.
Religious liberty was protected, with guarantees of free exercise and no established religion. The Declaration also emphasized the necessity of frequent elections, the continual redress of grievances, and the ongoing reform of the political system to preserve liberty. Notably, the Declaration included a provision stating that its protections should not prejudice Native nations in their enjoyment of traditional hunting grounds.
Georgia's Constitution
February 5, 1777
Preamble
Georgia did not adopt a formal Declaration or Bill of Rights, but it did include a substantial preamble introducing its governmental framework. The preamble explicitly referenced Parliament’s Declaratory Act, which asserted Parliament’s authority to tax the colonies and legislate for them “in all cases whatsoever” without their consent or direct representation. This assertion of unlimited authority was described as a violation of the social trust between ruler and people, justifying resistance to oppression in defense of Americans’ natural and reasonable rights and privileges.
The preamble further invoked the authority of the Continental Congress, composed of representatives of the people of the several states, which had advised colonies lacking sufficient governments to adopt constitutions best suited to the happiness and safety of their inhabitants and of America as a whole. Georgia declared itself, alongside its sister states, independent of British authority. The preamble concluded with a clear statement of popular sovereignty: “We, therefore, the representatives of the people, from whom all power originates, and for whose benefit all government is intended,” ordained and declared the rules and regulations for the future government of the state.
Structure of Government
Georgia established a trilateral system consisting of a unicameral legislature, an executive assisted by a council, and a judicial branch centered on a supreme court.
Legislative authority was vested in the House of Assembly, composed of eight members elected annually from each county. The electorate was narrowly defined: voters were required to be white, male, at least twenty-one years old, residents of the county, taxpayers, and possess property valued at a minimum of ten pounds. Eligibility for office was even more restrictive. Assembly members were required to be residents, Protestants, at least twenty-one years old, and owners of at least two hundred and fifty acres of land valued at over two hundred and fifty pounds. The House of Assembly possessed the authority to elect the governor, pass laws, fill vacancies, elect its speaker, and establish superior courts within each county.
Executive authority resided in a governor and a council, often described as a cabinet. The governor was elected annually by the House of Assembly. The lieutenant governor simultaneously served as president of the council. The governor’s powers included enforcing executive authority, granting pardons, convening the legislature to address vacancies, issuing commissions, serving as commander in chief of the militia, and sitting with the council except when it was deliberating on legislative bills.
The council consisted of two members from each county, elected by the House of Assembly. Its responsibilities included advising on legislation prior to enactment and electing a president from among its members. This structure ensured that executive authority remained closely tied to and constrained by the legislature.
Judicial power was vested in a supreme court composed of a chief justice and three associate judges from each county. The constitution further required that courts be established locally, reinforcing the principle that justice should be administered near the site of alleged offenses.
Notable provisions of the constitution included the absence of a formal Bill of Rights, despite the inclusion of many rights-based protections within the governmental framework itself. Oaths of office were required, though no state religion was established. The holding of multiple offices was prohibited, including service by religious ministers. Slavery was not addressed in the text. An amendment process existed, requiring approval by a majority of counties. Titles of nobility were forbidden.
The constitution also mandated compulsory voting, with fines imposed on those who failed to participate. Trials were required to occur near the location of the alleged crime and to include trial by jury. Additional protections included the preservation of habeas corpus, prohibitions on excessive fines, and guarantees of freedom of the press and freedom of religion. The state further committed to the public funding of schools in each county.
Bill of Rights
Georgia did not adopt a separate Bill or Declaration of Rights. Instead, rights and liberties were embedded directly within the constitutional structure and specific provisions of the governmental framework.
New York’s Constitution
April 20, 1777
Preamble
New York’s preamble framed independence and self-government as a necessary response to the tyranny of the British King and Parliament, whose actions had violated the rights and liberties of the people. The ongoing war and political uncertainty were described as creating an emergency situation requiring the immediate establishment of a new government.
Uniquely among the early state constitutions, New York’s preamble incorporated verbatim resolutions adopted by the Second Continental Congress following the King’s Proclamation of Rebellion, as well as language from the Declaration of Independence itself. The document emphasized that separation from Britain restored to the people their natural rights, which they then voluntarily delegated through suffrage to create a government designed to secure their liberties. That government was to be structured in the manner “most conducive to the happiness and safety” of the people of New York and of America in general, explicitly linking state governance to the broader revolutionary cause.
Structure of Government
New York established a trilateral system consisting of a bicameral legislature, a strong executive, and an independent judiciary.
Legislative power was vested in a Senate and an Assembly. The Assembly consisted of seventy members, with representation apportioned among counties based on population and adjusted following a census conducted every seven years. Assembly members served one-year terms. The electorate consisted of male residents who owned property valued at at least twenty pounds. Eligibility for office required candidates to be freeholders possessing property valued at one thousand pounds. The Assembly’s powers included electing its speaker, passing legislation, and originating money bills.
The Senate was organized by districts rather than counties. Four senatorial districts were created, three of which elected six senators each, while the southern district—centered on New York City—elected nine. Senators served four-year terms, with staggered elections ensuring that at least one senator from each district stood for election every year. Joint legislative authority included the election of a state treasurer (originating in the Assembly), the annual appointment of sheriffs with a limit of four consecutive terms, and the assertion of state control over the purchase of Native American lands.
Executive authority resided in a governor, a lieutenant governor, and a Council of Revision. The lieutenant governor also served as president of the Senate. Governors served three-year terms and were elected by the same electorate as Assembly members. The governor’s powers were extensive by revolutionary standards and included serving as commander in chief of the militia, granting limited pardons, convening the legislature on a temporary basis, delivering addresses on the state of affairs, and appointing military officers.
The Council of Revision consisted of the governor, the chancellor, and the justices of the supreme court. This council possessed the authority to review and either approve or object to legislation passed by the legislature, creating a powerful executive–judicial check on legislative authority that closely resembled a modern veto system.
Judicial authority was divided between the chancellor and the supreme court. The chancellor presided over the chancery courts, while the supreme court served as the highest court of appeals. Courts were empowered to appoint their own clerks and necessary officers. Impeachments were tried before a special court composed of the president of the Senate, the senators, the chancellor, and the justices of the supreme court.
Notable provisions included required oaths for both voters and officeholders, the absence of an established state religion, and prohibitions on holding multiple offices, including service by religious ministers. Slavery was not addressed in the constitution, nor was a formal amendment process specified. While no separate Bill of Rights was adopted, several rights were protected throughout the document, including protections for property, public legislative proceedings, freedom of religion for Christian denominations, the maintenance of a well-regulated militia composed of all men except Quakers, and the preservation of trial by jury.
Bill of Rights
New York did not adopt a separate Bill or Declaration of Rights. Instead, rights and liberties were incorporated selectively within the constitutional structure and specific provisions governing elections, religion, military service, and judicial procedure.
South Carolina’s Constitution
March 19, 1778
Preamble
South Carolina’s 1778 constitution explicitly replaced the state’s earlier March 1776 constitution, which had been adopted as a temporary framework pending reconciliation between Great Britain and the colonies. That provisional arrangement became obsolete following the King’s declaration of war against the colonies and the Continental Congress’s adoption of the Declaration of Independence. With reconciliation no longer possible, the freemen of South Carolina declared it necessary to establish a permanent form of government. The preamble emphasized that this constitution was adopted by the consent of the people of the state, though that consent was narrowly defined.
Structure of Government
South Carolina established a bilateral system consisting of a bicameral legislature and a divided executive, with judicial authority largely subordinate to legislative control.
Legislative power was vested in a House of Representatives and a Senate. Representation in the House was apportioned according to the taxpaying population, with a census conducted every fourteen years. Representatives served two-year terms and were elected by white Protestant men who were at least twenty-one years old, residents of the county, owners of at least fifty acres of land, and taxpayers. Eligibility for office required candidates to be Protestant, residents of their district, free of public debt, and owners of property valued at at least £3,500.
The House possessed authority to pass legislation, originate money bills (which the Senate could not amend), elect its speaker, fill vacancies, and impeach public officials.
The Senate was composed of members elected from parishes and districts and served one-year terms. Senators were elected by the same electorate as House members but faced more stringent eligibility requirements: they had to be Protestant, at least thirty years old, residents of the parish or district they represented, free of debt, and owners of property valued at £2,000. The Senate’s powers included passing legislation, electing its president, filling vacancies, and trying impeachment cases.
Joint legislative powers included the election of justices of the peace for each county, the appointment of all judges, sheriffs, and other lower executive officers, the selection of senior military officers for two-year terms, and the authority to declare war or conclude peace.
Executive authority was vested in a governor, a lieutenant governor, and a privy council. The governor served a two-year term and was prohibited from serving consecutive terms. Governors were elected by the legislature and were required to be Protestant, residents of the state, free of debt, and possess property valued at £10,000—one of the highest property qualifications among the state constitutions. The governor’s powers included serving as commander in chief, appointing lower-ranking military officers, and imposing temporary embargoes.
The privy council consisted of the lieutenant governor and eight additional members chosen by the legislature, with half of the council rotating out of office each year. The sole explicit qualification for council membership was adherence to Protestantism. The council held significant authority, including selecting a lieutenant governor in the event of a vacancy and serving collectively as the state’s chancery court.
Judicial authority was not vested in an independent branch. Instead, courts operated at the county level under legislative regulation, reinforcing legislative supremacy and limiting judicial autonomy.
Notable provisions included required oaths explicitly denouncing allegiance to Great Britain, the formal establishment of Protestantism as the state religion, and prohibitions on holding multiple offices, including service by religious ministers. Slavery was not addressed in the constitution, nor was a formal amendment process provided. Although South Carolina did not adopt a separate Bill of Rights, individual rights were embedded throughout the document, including protections for Christian worship, proportional punishments, freedom of the press, prohibitions on unlawful seizures and imprisonments, and requirements for compensation when rights were violated.
Bill of Rights
South Carolina did not adopt a separate Bill or Declaration of Rights. Rights protections were incorporated selectively and unevenly within the constitutional framework.
Massachusetts’ Constitution
June 15, 1780
Preamble
The preamble to the Massachusetts Constitution is the most philosophically developed of the revolutionary-era state constitutions and explicitly grounds government in social contract theory.
The preamble asserts,
The end of the institution, maintenance, and administration of government is to secure the existence of the body-politic, to protect it, and to furnish the individuals who compose it with the power of enjoying, in safety and tranquility, their natural rights and the blessings of life; and whenever these great objects are not obtained the people have a right to alter the government, and to take measures necessary for their safety, prosperity, and happiness.
The body politic is formed by a voluntary association of individuals; it is a social compact by which the whole people covenants with each citizen and each citizen with the whole people that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them; that every man may, at all times, find his security in them.
We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each other, and of forming a new constitution of civil government for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain, and establish the following declaration of rights and frame of government as the constitution of the commonwealth of Massachusetts.
Structure of Government
Massachusetts established a fully trilateral system with a bicameral legislature, an independent executive, and an independent judiciary, each equipped with defined powers and checks upon the others.
Legislative power was vested in the General Court, consisting of a House of Representatives and a Senate. Representation in the House was based on population, with each incorporated town guaranteed at least one representative. Representatives were elected annually. Electors were male inhabitants aged twenty-one or older who met modest property or income qualifications and were residents of the town they voted in. The House possessed the authority to originate money bills, impeach public officers, and pass legislation.
The Senate was composed of members elected from districts apportioned according to tax revenue, with no more than six senators per district. Senators were elected annually by qualified freeholders aged twenty-one or older. Eligibility requirements were significantly higher, including substantial property qualifications. The Senate’s powers included passing legislation, trying impeachments, electing its president, and filling vacancies in the office of lieutenant governor.
Joint legislative powers included overriding gubernatorial vetoes, electing the secretary and treasurer of the commonwealth, and participating in constitutional interpretation through formal processes.
Executive authority was vested in a governor, a lieutenant governor, and a council. The governor and lieutenant governor were elected annually by the people—an important innovation distinguishing Massachusetts from many other states where executives were chosen by legislatures. Gubernatorial eligibility required seven years of residency and significant property ownership.
The governor’s powers were extensive and deliberately designed to create an energetic executive: he possessed a qualified veto over legislation, served as commander in chief of the militia, could convene and adjourn the legislature with the consent of the council, granted pardons, appointed judges and senior military officers with council approval, and oversaw the execution of the laws.
The Governor’s Council consisted of nine members elected annually by the legislature and served as an advisory body, providing consent on appointments and other executive actions. While influential, the council did not eclipse the governor, preserving executive independence.
Judicial power was vested in a Supreme Judicial Court, whose justices were appointed by the governor with council approval and held office during good behavior, effectively granting life tenure. The judiciary was empowered to hear appeals, interpret laws, and provide advisory opinions—cementing its independence from the legislative and executive branches.
Notable provisions included religious oaths of office, prohibitions on holding multiple offices (including by religious ministers), the protection of habeas corpus, the establishment of public education, and a formal amendment process. Slavery was not explicitly mentioned. The constitution also provided for the establishment of a university, reinforcing the connection between republican government and civic education.
Bill of Rights
Massachusetts included a comprehensive Declaration of Rights, placed at the beginning of the constitution and declared fundamental and unalterable except by constitutional amendment.
The Declaration affirmed that all men are born free and equal and possess natural rights to life, liberty, property, and the pursuit of happiness. It guaranteed freedom of religious worship, while allowing the legislature to support public religious instruction through local taxation—provided all Christian denominations were treated equally and participation remained local and voluntary.
It emphasized popular sovereignty, asserting that government exists to promote the happiness of the people and that all public offices are held in trust. Titles of nobility were prohibited, elections were required to be free and frequent, and officials were made accountable to the people.
The Declaration enumerated extensive procedural protections, including due process, trial by jury, the right to counsel, protections against self-incrimination, prohibitions on unreasonable searches and seizures, compensation for takings of private property, and bans on cruel or unusual punishments. It guaranteed freedom of the press, the right to bear arms subject to civilian control of the military, protections against quartering of troops, and strict subordination of military authority to civil power.
It also established clear separation of powers, explicitly declaring that the legislative, executive, and judicial branches “shall never exercise the powers” of the others—a principle more clearly articulated here than in any earlier state constitution.
New Hampshire’s Constitution
October 31, 1784
Preamble
The preamble is notably brief, declaring only that “all men are born equally free and independent” and that all legitimate government originates from the people, is founded upon their consent, and is instituted for the general good. Although it lacks an extended discussion of social compact theory, the preamble clearly rejects inherited authority and situates sovereignty in the people themselves.
Structure of Government
New Hampshire established a tripartite system of government consisting of a bicameral legislature, a limited executive, and an independent judiciary.
Legislative authority resided in the General Court, composed of a House of Representatives and a Senate. Representation in the House was apportioned according to the number of taxable male inhabitants aged twenty-one or older in each town. Representatives served annual terms and were elected by male residents who met age, residency, and poll tax requirements. The House possessed the power to initiate legislation, impeach public officials, elect its own officers, and appoint certain civil officials. While money bills originated in the House, the Senate retained the authority to amend them.
The Senate was composed of members apportioned by counties and districts according to tax valuation. Senators were elected annually by the same electorate as the House but were subject to higher qualifications. Candidates were required to be at least thirty years old, Protestant, free of debt, residents of the state for several years, and possess a property valuation of at least two hundred pounds. The Senate exercised legislative authority equal to the House, including appointing officers, determining its own procedures, and trying impeachments. The senior senator served as president pro tempore. Acting jointly, the two chambers passed laws, established lower courts, elected civil and military officers, arranged for the defense of the state, and conducted a census every five years.
Executive authority was vested in a President and an Executive Council, reflecting continued Revolutionary suspicion of concentrated executive power. The president was elected annually by the people and required to meet age, residency, religious, and property qualifications, including ownership of property valued at five hundred pounds. The president’s powers were limited and included breaking tie votes in the Senate, temporarily adjourning the General Court, serving as commander in chief of the militia, granting pardons, appointing officers not otherwise chosen by the legislature, and expending funds for state defense with legislative approval. The Executive Council consisted of two senators and three representatives, chosen annually by their respective chambers, and served primarily as an advisory body.
Judicial authority was vested in a Supreme Court and inferior courts. Judges were elected by the General Court and held office during good behavior, ensuring judicial independence from annual elections. The courts were empowered to appoint clerks and other necessary officers.
Notable provisions include the constitution required oaths of office, prohibited the holding of multiple offices—including by religious ministers—and protected the writ of habeas corpus. It encouraged public education and made no explicit reference to slavery. While it rejected an established state religion, it nonetheless imposed religious qualifications for officeholding, illustrating the incomplete separation of church and state in the period. The constitution also provided for an amendment process, though less formally developed than Massachusetts’s.
Bill of Rights
New Hampshire’s Bill of Rights articulated a robust set of civil liberties grounded in consent of the governed and natural rights. It affirmed the rights to life, liberty, property, and the pursuit of happiness, while acknowledging that individuals surrender certain natural rights upon entering society in exchange for the protection of others—though rights of conscience remained inviolable. Religious freedom was protected, and individuals retained the right to establish churches and religious institutions, with no taxation imposed for religious establishments and no official state religion.
The Bill of Rights emphasized popular sovereignty, prohibited titles of nobility, and affirmed the people’s right to resist tyranny. It guaranteed free elections, due process of law, protection against self-incrimination, the right to confront witnesses, trial by jury, and compensation for wrongdoing. Property could not be taken for public use without consent or compensation, and individuals could not be deprived of liberty or property without due process.
Additional protections included prohibitions on double jeopardy, retrospective laws, illegal searches and seizures, excessive fines, and cruel or unusual punishments. Military power was strictly subordinated to civil authority: standing armies were discouraged, quartering of troops in private homes was prohibited, and martial law was confined to the military. The Bill of Rights also protected freedom of the press, legislative speech, the right to assemble and petition the government, and required that government proceedings be publicly recorded. Finally, it affirmed the separation of legislative, executive, and judicial powers as essential to liberty.
In Summation
A comparative review of the state constitutions adopted prior to the Philadelphia Convention reveals both substantial diversity and striking commonality in early American constitutional design. Of the eleven states examined, six established clearly separated tripartite governments, while the remaining states adopted bilateral arrangements in which judicial authority was partially vested in either the legislative or executive branches. Nine of the eleven states employed bicameral legislatures, with only a small minority retaining unicameral bodies. Executive authority was generally weak: only two states—New Jersey and New York—approached a unitary executive model. New Jersey vested executive authority in a single president without an executive council, while New York employed an executive council composed of the governor, chancellor, and justices of the supreme court, with the governor presiding. In most other states, executive power was divided between a governor or president and an advisory council. In nine of the eleven states, the chief executive was elected by the legislature rather than directly by the people. Judicial independence was limited; only four states established a distinct state-level judiciary, while most relied on county courts or mixed councils composed of legislative and executive officers to exercise appellate or supervisory judicial functions.
Suffrage qualifications across the states reflected deep skepticism of popular democracy. Voting rights were generally limited to property-holding residents over the age of twenty-one, often with additional residency requirements. Several states explicitly restricted suffrage to white males, while others imposed religious qualifications, most commonly Protestantism. Georgia alone required mandatory voting, enforced through fines. South Carolina was unique in formally establishing Protestantism as a state religion, though several states required religious oaths of office or acknowledgments of God. Only one state, Delaware, explicitly referenced slavery, restricting the importation of enslaved persons. Most states provided some mechanism for constitutional amendment, though these varied widely in formality and accessibility. Representation schemes also differed, with some states blending population-based representation with equal representation of counties or districts. While not all constitutions included formal bills of rights, nearly all incorporated individual liberties within the body of the constitutional text, producing significant variation in the scope and articulation of rights.
Taken collectively, these state constitutions demonstrate that few of the institutional or philosophical elements of the United States Constitution were unprecedented in 1787. Separation of powers, bicameralism, checks on executive authority, judicial review, limited suffrage, and enumerated rights all existed at the state level prior to the Philadelphia Convention. What distinguished the federal Constitution was not the novelty of its components, but the manner in which they were synthesized, standardized, and applied at the national level. This observation underscores the central argument of this paper: a proper understanding of the United States Constitution requires sustained attention to the state constitutions that preceded it, particularly since many of the framers and ratifiers of the federal Constitution had direct experience drafting, interpreting, and operating under these earlier state systems.
Further study would profitably extend this analysis to the state ratifying conventions, the debates of the Philadelphia Convention itself, and the significant revisions many states undertook to their own constitutions following the ratification of the federal Constitution. Together, these developments illuminate the Constitution not as a sudden departure from Revolutionary political thought, but as its most ambitious and enduring refinement.
Civil Polity Axioms
Based on the principles and structures found in the state constitutions and the United States Constitution, we can extrapolate a set of foundational axioms for civil polity. These principles should guide those who wish to study and practice statecraft.
Consent of the Governed
Consent of the governed is the foundational principle of civil society, establishing the social contract that legitimizes government. This consent is expressed primarily through suffrage—the election of public officials by the people. Direct representation is essential; officers who are distant from the electorate, or who act without its explicit consent, must be subject to scrutiny and oversight by a vigilant citizenry to guard against despotism. Consent is not a one-time act but a continuous process, requiring governments to remain accountable and responsive. Without this consent, authority becomes arbitrary, and citizens retain the right to reform or replace the governing structure to protect their natural rights.
Representation
Individuals should have multiple, overlapping avenues for representation. For example, citizens may be represented locally, regionally, and nationally, ensuring minority voices are heard and allowing for diverse perspectives to influence governance. Multiple constituencies increase the likelihood that the concerns of smaller or marginalized groups are considered in lawmaking. They also provide a safeguard against concentration of power, as citizens have more than one mechanism to influence government decisions.
Separation of Powers
To prevent arbitrary governance, powers granted by the people must be divided among distinct branches: legislative, executive, and judicial. Each branch should independently exercise its functions—making, executing, and adjudicating laws. Separation ensures that no single office or branch can accumulate excessive authority, which is the root of despotism. It also encourages specialization and expertise, as each branch focuses on its distinct responsibilities while holding others accountable.
Separation also requires nonintervention in appointments: the executive should not block legislative elections, and the legislature should not obstruct executive selection. This principle extends within branches; for example, a bicameral legislature is itself a separated but complementary system.
Interpretation of the constitution should also be shared among all three branches, a principle known as departmentalism. No single branch should have unilateral authority over constitutional meaning.
Checks and Balances
Separated powers must also check and balance one another. Examples include executive vetoes, legislative overrides, and judicial review. For full consistency, judicial review should be constitutionally enumerated, and legislative bodies should retain the power to override judicial decisions through a process similar to veto override—sometimes called constitutional review. These mechanisms ensure that no branch can act arbitrarily, preserving civil order. Checks and balances maintain equilibrium between branches and prevent unilateral decisions that could harm the public. They also create a dynamic system where negotiation and compromise are necessary, reinforcing accountability and transparency.
Legislative Supremacy
While powers are separated, the legislature—as the body closest to the people—holds ultimate authority to resolve disputes regarding laws or constitutional interpretation. This principle ensures that no branch can permanently obstruct the will of the electorate. Legislative supremacy protects democratic legitimacy, reflecting the principle that the people are the ultimate source of authority. It also balances judicial review and executive vetoes by ensuring that elected representatives can correct overreach or misinterpretation by other branches.
Accountability
Every officer, whether elected or appointed, is accountable to the people or their representatives. Mechanisms must exist to impeach, remove, or recall officers who act contrary to the public good, overstep their authority, or violate enumerated rights. Accountability fosters public trust and reinforces that government exists to serve the people, not the other way around. It also deters corruption and abuse of power by establishing clear consequences for misconduct.
Due Process
Due process occurs when all branches concur in enacting policy. While each branch operates independently, a law or action is only legitimate when all branches exercise their powers in concert. This limits despotism and ensures that governance is truly civil rather than arbitrary. This ensures that no branch acts unilaterally in ways that could harm citizens or violate the constitution. It also guarantees procedural fairness, protecting individuals from arbitrary decisions and safeguarding their civil liberties.
Enumerated Powers
Government authority is derived solely from what the people grant. Enumerating these powers prevents arbitrary action. Laws are subordinate to the constitution; the constitution is a higher standard established by the people, while ordinary statutes are established by the government. This distinction forms the foundation of American Constitutionalism. Clear enumeration limits governmental overreach by specifying the scope of authority. It also provides citizens with a transparent framework to challenge actions that exceed the government’s legitimate powers.
Federalism
Federalism extends the principle of separation across levels of government. Local governments handle local issues, state governments intervene when local authorities fail, and the federal government intervenes when states fail. Each level must directly represent the people, and no government may create additional levels without the consent of the governed. Federalism allows for policy diversity and innovation, as different regions can experiment with solutions suited to their circumstances. It also prevents centralization of power, ensuring that citizens have multiple points of access to government and multiple mechanisms for accountability.
Bill of Rights
The Bill of Rights enumerates civil rights retained by the people. These rights are not granted to the government and cannot be violated by any branch. Civil rights include both legal rights (explicitly enumerated) and social rights (recognized by custom and potentially codified later). Enumeration ensures clarity and protection against governmental overreach. By explicitly protecting certain rights, the Bill of Rights establishes non-negotiable limits on governmental power. It also empowers citizens to challenge violations and reinforces the principle that government exists to secure, not restrict, fundamental freedoms.
Amendments
No constitution is perfect. Future generations must have a clear process to amend and improve it. The process should allow relatively easy additions while making repeal or alteration of existing rights difficult, thus protecting stability and the civil liberties already secured. A balanced amendment process ensures adaptability to changing circumstances without undermining established protections. It also respects the authority of the people, allowing them to shape governance while preserving continuity and legitimacy.
Civic Engagement
A knowledgeable and engaged citizenry is essential for sustaining consent and preventing despotism. Education and civic instruction should be promoted as a foundational responsibility of the state. Citizens must understand their rights and the functions of government to effectively exercise suffrage and oversight. Civic engagement also strengthens social cohesion, ensuring that political power reflects the collective interests of the community.
Works Cited
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US Constitution 1787 https://www.tarpeia.us/praeconium/the-us-constitution
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Virginia Constitution (1776) https://www.tarpeia.us/praeconium/the-constitution-of-virginia-june-29-1776
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Virginia Declaration of Rights (1776) https://www.tarpeia.us/praeconium/virginia-declaration-of-rights
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New Jersey Constitution (1776) https://www.tarpeia.us/praeconium/constitution-of-new-jersey-july-2-1776
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Delaware Constitution (1776) https://www.tarpeia.us/praeconium/constitution-of-delaware-1776
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Delaware declaration of rights (1776) https://www.tarpeia.us/praeconium/delaware-declaration-of-rights
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Pennsylvania Constitution (1776) https://www.tarpeia.us/praeconium/constitution-of-pennsylvania-september-28-1776
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Maryland Constitution (1776) https://www.tarpeia.us/praeconium/constitution-of-maryland-november-11-1776
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North Carolina Constitution (1776) https://www.tarpeia.us/praeconium/constitution-of-north-carolina-1776
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Georgia’s Constitution (1777) https://www.tarpeia.us/praeconium/constitution-of-georgia-1776
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New York Constitution (1777) https://www.tarpeia.us/praeconium/constitution-of-new-york-1777
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South Carolina Constitution (1778) https://www.tarpeia.us/praeconium/constitution-of-south-carolina-1778
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Massachusetts Constitution (1780) https://www.tarpeia.us/praeconium/constitution-of-massachusetts-1780
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New Hampshire Constitution (1784) https://www.tarpeia.us/praeconium/constitution-of-new-hampshire-1784