From Covenant to Constitution in American Political Thought

Abstract

If we were to pick up any book that proclaimed itself to be about American constitutional history, it would probably exhibit two traits characteristic of such books. First, it would focus almost entirely upon the national Constitution. Second, it would examine only what has happened since 1789. Any discussion of where that Constitution comes from is likely to be limited to a few remarks about the Magna Carta, the English constitution, and probably the Declaration of Independence.' This attitude toward the colonial portion of American political thought is so prevalent, that one writer recently remarked: For theoretical as well as practical purposes the origin of the American track can, therefore, be assumed to begin in 1776. The thinkers, issues, and events prior to 1776 have never really had a central impact on the conduct of American politics.2 This study proceeds from an entirely different set of premises. If we are ever to produce a complete and accurate American constitutional history, we must recognize that without the state constitutions in force in 1789 the national Constitution is an incomplete text. They must all be read together.3 These state constitutions together contain and embody a