The shape of the U.S. Constitution as it was developed at the Constitutional Convention in Philadelphia was certainly influenced by such factors as the colonial experience, the revolt against British rule, and the failure of the earlier Articles of Confederation. Yet, the ideas embodied in the Constitution had been taking shape for some time before any of these elements had come into being. Indeed, the ideas expressed in the Constitution derived from European theorists such as John Locke, Thomas Hobbes, David Hume, and Jean-Jacques Rousseau, though the manner in which these ideas were adopted by the colonists was influenced by the various elements of the colonial experience. The colonists had fled Europe precisely to avoid many of the legal features against which the Constitution would be written, such as star-chamber proceedings, restricted speech and press, and inherited rule instead of democratic selection of leaders.
The Articles of Confederation were in many ways a prototype for the Constitution to come, with certain elements proving valuable and others falling by the wayside in the shift to a new form of government. They were drafted in 1777 by the Continental Congress and ratified by the 13 states in 1781. The Articles were to be the instrument of the union of the thirteen colonies. In passing this document, the delegates were uncertain whether it would be effective for the purposes for which it was designed and whether it would stand the strain of opposing interests and views. The most important consideration at the time was that the Articles be effective in allowing for the prosecution of the war and the achievement of independence. The Articles ultimately had to be scrapped in favor of a Constitution which was designed to accomplish what the Articles had failed to accomplish. An examination of certain documents referring to the period can be used to assess the general effectiveness of government under the Article...