Sparks Commentary: The British Parliament was the main model for the United States Congress

“It will be the business of this chapter to consider the British parliament; in which the legislative power, and (of course) the supreme and absolute authority of the state, is vested by our constitution.”

– William Blackstone’s “Commentaries on the Laws of England” (1765), Book 1, Chapter 2

The “supreme and absolute authority of the state” was in the legislature

William Blackstone once said that the British Constitution vests the “supreme and absolute authority of the state” in the Parliament. Like Montesquieu before him, Blackstone was a believer in separation of powers (more on that subject here). He believed that the Parliament should be a separate branch of government from the executive authority – which, at that time, was the monarchy. “In all tyrannical governments,” Blackstone also said, “the supreme magistracy, or the right both of making and of enforcing the laws, is vested in one and the same man, or one and the same body of men.” (Source: Blackstone’s “Commentaries,” Book 1, Chapter 2) Wherever these two powers are united together, he said, “there can be no public liberty … [for] The magistrate may enact tyrannical laws, and execute them in a tyrannical manner.” (Source: Blackstone’s “Commentaries,” Book 1, Chapter 2) The magistrate “is possessed, in quality of dispenser of justice, with all the power which he as legislator thinks proper to give himself. But, where the legislative and executive authority are in distinct hands,” he continued, “the former will take care not to entrust the latter with so large a power, as may tend to the subversion of its own independence, and therewith of the liberty of the subject.” (Source: Blackstone’s “Commentaries,” Book 1, Chapter 2) This, he believed, would happen if there were not a Parliament to check the power of the king.

Sir William Blackstone

The legislative and executive branches were separate (mostly)

Ironically, when the American Revolution later happened, Blackstone made clear that he was firmly against their Revolution. He had no sympathy, it seems, with the American rebels. But that did not stop men like Alexander Hamilton from later quoting him, and using him as a source in the now-famous Federalist Papers. (Source: Federalist No. 69 and Federalist No. 84) Blackstone had declared that “With us therefore in England this supreme power is divided into two branches; the one legislative, to wit, the parliament, consisting of king, lords, and commons; the other executive, consisting of the king alone.” (Source: Blackstone’s “Commentaries,” Book 1, Chapter 2) It was on the subject of the latter “executive” – namely, the king – that Hamilton quoted Blackstone’s “Commentaries.” No citations from Blackstone about the British Parliament directly are found in the Federalist Papers; but his views on the legislature did nonetheless have an influence. For the Founding Fathers, the Parliament was the model for the United States Congress – or, at least, the primary model. There were others (such as the American state legislatures), but Parliament was by far the most prominent. Many changes have been made to the Parliament since Blackstone’s time, I should add here, and I will not try to cover these changes here. Rather, I will talk about the British Parliament of the Founding Fathers’ time; as described by their own respected source. (All quotations from Blackstone's “Commentaries” in this particular post are from Book 1, Chapter 2. Thus, I will not note it every time.)

Parliament of Great Britain

British Parliament and United States Congress are both divided into two houses each

As Blackstone noted, the parliament was “consisting of king, lords, and commons,” while the executive was consisting of “the king alone” (Source: Blackstone's “Commentaries”). I will reserve my discussion of the “king” for another post. Here, I will talk about the “lords and commons,” which were (and are) the two houses of the British Parliament. The Parliament is divided today (and was divided then) into the House of Lords and the House of Commons, which made it a “bicameral” legislature – or in other words, a two-house legislature. The United States Congress is also divided into two houses today; but unlike the British Parliament, the chief executive is not considered a part of it. Although the president does have some influence on making laws, the Constitution makes clear that “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” (Source: Article 1, Section 1) Thus, the president is not a part of the American legislative branch. Nonetheless, the division into two houses is a major legacy of the British Parliament. It is one of the most fundamental “checks and balances” in our Constitution.

United States Congress

Only the lower house of either legislature had the right to originate taxing bills

Blackstone said that “The peculiar laws and customs of the house of commons relate principally to the raising of taxes, and the elections of members to serve in parliament. … First, with regard to taxes : it is the ancient indisputable privilege and right of the house of commons, that all grants of subsidies or parliamentary aids [or in other words, taxes] do begin in their house, and are first bestowed by them [footnote] ; although their grants are not effectual to all intents and purposes, until they have the assent of the other two branches of the legislature.” (Source: Blackstone's “Commentaries”) This influenced the United States Constitution, which said that “All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.” (Source: Article 1, Section 7, Paragraph 1) Thus, the lower house in both countries is the one that originates taxing bills.

Sir William Blackstone

Only the lower house of either legislature was elected (although for us, both houses eventually were)

And regarding the “elections,” Blackstone said that the House of Commons was “a temporary elective body, freely nominated by the people.” (Source: Blackstone's “Commentaries”) This influenced the United States Constitution, which said that “The House of Representatives shall be composed of members chosen every second year by the people of the several States … ” (Source: Article 1, Section 2, Paragraph 1) By contrast, Blackstone wrote that the lords were “a permanent hereditary body, created at pleasure by the king” (Source: Blackstone's “Commentaries”). He said that the lords were thus “supposed more liable to be influenced by the crown.” (Source: Blackstone's “Commentaries”) It is important to understand this point: There was no part of the United States Constitution that was hereditary. Nonetheless, the Senators from each state were originally “chosen by the Legislature thereof, for six years” (Source: Article 1, Section 3, Paragraph 1). In 1913, the Seventeenth Amendment changed this to “elected by the people thereof, for six years” (Source: Section 1 of the amendment).

Statue of Sir William Blackstone

Conclusion: In many ways, the Congress is modeled on the Parliament

Thus, in many ways, our Congress was modeled on the Parliament. Only the lower house had the ability to originate taxing bills; and only the lower house was originally elected by the people. (Although both houses of Congress are now elected by the people, as noted earlier.) Even the division of the Congress into two houses is very much a legacy of the British Parliament; and Congress's being a separate branch is also a major legacy of it. These features are so broad that they may be visible to us even on the surface. In our next post in this series, we will go beneath the tip of the iceberg to find other legacies. Some of these might even surprise you a little …

United States Capitol shot

Blackstone's comments on the “nobility,” and the House of Lords

It is somewhat alien to Americans today that Blackstone defended the institution of the nobility. Specifically, he said there that “herein indeed consists the true excellence of the English government, that all the parts of it form a mutual check upon each other. In the legislature,” he continued, “the people are a check upon the nobility, and the nobility a check upon the people; by the mutual privilege of rejecting what the other has resolved: while the king is a check upon both, which preserves the executive power from encroachments.” (Source: Blackstone's “Commentaries”) Clearly, the Founding Fathers disagreed with him on this point, when they said that “No title of nobility shall be granted by the United States” (Source: Article 1, Section 9, Paragraph 8 of the Constitution itself).

Nonetheless, the Founding Fathers did believe in checks upon majority rule. Thus, the Bill of Rights enshrined individual rights, as it turned out, including minority rights. The minority also has a voice in the United States Senate, which checks the otherwise-good majority rule of the “House of Representatives” (Source: Article 1, Section 3, Paragraph 1; and the Seventeenth Amendment, Section 1).

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