How did the Virginia Declaration of Rights influence the Bill of Rights?

“That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety … That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.”

– George Mason, in the “Virginia Declaration of Rights,” Sections I and II

George Mason actually refused to sign the Constitution of the United States …

George Mason was present at the Constitutional Convention, but he refused to sign the finished document. When the final draft was approved, he said that he “would sooner chop off [his] right hand than put it to the Constitution as it now stands.” Why, you might be wondering? Because the original Constitution didn't have a Bill of Rights; and having authored the Virginia Declaration of Rights earlier on in his career, he knew the importance of a Bill of Rights in a country's constitution.

George Mason, author of the Virginia Declaration of Rights

He wrote the Virginia Declaration of Rights in May 1776 (ratified June 1776)

Specifically, he had authored the “Virginia Declaration of Rights” in May 1776 – a document that was later approved in June 1776. It not only influenced the United States Declaration of Independence (passed in July 1776), but the United States Bill of Rights (which was passed in 1791). It drew upon influences from both American and British history, but it also made some original contributions of its own, as well as some improvements on previous ideas. It was also amended somewhat by Robert C. Nicholas and James Madison.

James Madison

It influenced our federal Bill of Rights in many ways, as I will show with some relevant quotes

The Virginia Declaration of Rights influenced 7 out of the 10 amendments in the United States Bill of Rights (which is 70% of them), and was thus a major influence on our Constitution. This post will show the most influential parts of the Virginia Declaration of Rights, and the parts of the United States Constitution that they influenced as well.

United States Bill of Rights

The Petition of Right influenced the United States Bill of Rights

“The history of Great Britain is the one with which we are in general the best acquainted, and it gives us many useful lessons. We may profit by their experience without paying the price which it cost them.”

– John Jay, in the Federalist Papers (Federalist No. 5)

It sounds ironic to say it now, but a number of the Founding Fathers of the United States were actually against including a “Bill of Rights” within our Constitution. Some of them thought that it would be dangerous to do so, because they argued that any right not listed there would be construed “not to be protected” by the Constitution. They were partially wrong on this score, of course, and it would fall to other Founding Fathers to make sure that a “Bill of Rights” was later passed. But this early objection to the “Bill of Rights” may have been the reason that it eventually included a Ninth Amendment when it was passed, which said that “The enumeration [or “listing”] in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” (In other words, rights may not be withheld merely because they aren't listed in the Constitution.) This addressed the concern of those Founding Fathers who had objected to a bill of rights because of this.

Parliament of England

Some Founding Fathers were against having a “bill of rights” in the Constitution …

Nonetheless, when Alexander Hamilton listed examples of a “bill of rights” in one of the Federalist Papers, he was not endorsing them, but slamming them. He was holding them up as bad examples which should be avoided to avert danger from having a “comprehensive” list. Specifically, Hamilton said that “It has been several times truly remarked that bills of rights are, in their origin, stipulations between kings and their subjects, abridgements of prerogative in favor of privilege, reservations of rights not surrendered to the prince. Such was MAGNA CHARTA, obtained by the barons, sword in hand, from King John. Such were the subsequent confirmations of that charter by succeeding princes. Such was the PETITION OF RIGHT assented to by Charles I., in the beginning of his reign. Such, also, was the Declaration of Right presented by the Lords and Commons to the Prince of Orange in 1688, and afterwards thrown into the form of an act of parliament called the Bill of Rights. It is evident, therefore, that, according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants.” (Source: Federalist No. 84)

Alexander Hamilton

… while others were for it

Other Founding Fathers disagreed, and held them up as models of good laws that should be emulated to protect rights. Because of their well-deserved popularity, these laws had a great influence on the first ten amendments to the Constitution (the amendments that later became known as our “Bill of Rights”). They are thus deserving of our attention despite Hamilton's objections to them, and were positive influences on our Constitution once the “Bill of Rights” was passed. I plan to cover all of these documents in this series (plus a few others); but in this post, I shall focus exclusively on the “Petition of Right,” written by Sir Edward Coke. Two decades before King Charles the First was beheaded in the English Civil War, he was forced to sign this document. (And he wasn't too happy about signing it … )

Petition of Right, 1628

Aristotle and The Church of Jesus Christ of Latter-Day Saints

One of the great Macedonian kings was Philip II of Macedon. He fathered the boy who would become Alexander the Great, and he hired a tutor to teach this now-famous son. The tutor was another famous person that you've probably heard of, incidentally, because it was none other than Aristotle, the Greek philosopher. Our church is among a number of those whose leaders have quoted from Aristotle, incidentally, as I will show below.

Aristotle

King Philip II of Macedon, who hired Aristotle to tutor his son

Socrates and The Church of Jesus Christ of Latter-Day Saints

The Church of Jesus Christ of Latter-Day Saints is among a number of churches that value the wisdom of Socrates. Church leaders have even quoted from him over the years at times. I have given some of these quotes in another post about Plato, so I will try to minimize the redundancy here. Suffice it to say that Socrates is important to us, and that I will try to show this with some relevant quotes.

Socrates

A review of “The War That Made America”

"Since the English have in their power an officer and two cadets, and, in general all the prisoners whom they took when [they] assassinated Sieur de Jumonville they now promise to send them with an escort to Fort Duquesne, situated on Belle River, and to secure the safe performance of this treaty article, as was as of the treaty ... "

- English translation of the "Articles of Capitulation" after the Battle of Fort Necessity, Article 7 - the French text of which was mistakenly signed by George Washington (who did not speak French) on 3 July 1754, in the belief that the translation given to him had been accurate (which it probably wasn't)

This documentary is about the French and Indian War, not the American Revolutionary War ...

When most people hear the phrase "the war that made America," the event they would think of is the "American War of Independence." (Or as we call it in America, the "American Revolution," or the "American Revolutionary War.") Most people would be surprised to learn, then, that this is about the "French and Indian War" - or the "Seven Years' War," as it's known elsewhere (including in Canada). This war took place over a decade before the creation of the United States, and ended some years before the first shots of the Revolution were fired at Lexington and Concord. It's also important for the future history of Canada, because it turned Canada from a French colony into a British colony, and thus secured the dominance of English speakers in the region. The year 1759 is thus a controversial year in Canadian history, and it is resented bitterly by French Canadians - not to mention the First Nations Canadians. Nonetheless, it is American history that is the focus here, even if the documentary is narrated by the First Nations Canadian Graham Greene (which it is).

Battle of the Plains of Abraham - Quebec, 1759

The bitter strife of the Revolution actually had its roots in this war

At this time, the British Crown ruled the Eastern Seaboard of this continent, and its colonies were loyal outposts of the British Empire. These colonies all had their own militias that took part in this struggle, but they were not terribly impressive compared to the professional Redcoat soldiers, who arrived from Britain in considerable numbers after the war began. These Redcoat soldiers were the real backbone of the British presence there, and they had reason to view the colonial militias with some contempt. They were tactless enough to express this contempt more than once, and there were signs of friction between the two even during this period. The colonial governments resisted London's attempts to pay for the war by taxing the colonies, and they actually insisted on retaining local control over the colonial militias with regards to staffing and - even more importantly - military strategy. The bitter strife of the Revolution thus had its roots in this war; and the two groups' fighting alongside each other was a temporary situation that would not last.

The Albany Congress - New York, 1754 (one of the precursors to the later Continental Congresses)

Some of the credit for “separation of powers” should go to Polybius

“It is well known that in the Roman republic the legislative authority, in the last resort, resided for ages in two different political bodies not as branches of the same legislature, but as distinct and independent legislatures, in each of which an opposite interest prevailed: in one the patrician; in the other, the plebian. Many arguments might have been adduced to prove the unfitness of two such seemingly contradictory authorities, each having power to ANNUL or REPEAL the acts of the other. … And yet these two legislatures coexisted for ages, and the Roman republic attained to the utmost height of human greatness.”

– Alexander Hamilton, in the Federalist Papers (Federalist No. 34)

In the second century BC, there was an armed uprising against the rule of the “Roman Republic,” by an alliance of Greek states known as the “Achaean League.” There had been close military and religious ties between the two groups before this time; but they were soon cast aside in a conflict known as the “Achaean War.” This was a bitter conflict, in which the Romans quickly crushed the Achaean League; to make sure that all of Greece would soon be under their control. Greece was quickly annexed by the Roman Republic in 146 BC, the same year that Rome was laying siege to the city of Carthage in faraway North Africa. When the city of Carthage was finally sacked in the spring of that same year (after three long years of siege), the last of the three Roman wars with Carthage finally ended. The Roman Republic now controlled much of the Mediterranean.

Roman villas built on the site of Carthage

Polybius was present at the Fall of Carthage in 146 BC

One of the men present at the Sack of Carthage was a Greek historian named Polybius, who would later write an influential work called the Ἱστορίαι (“Historiai”), or “The Histories.” This famous work would cover the history of the Roman Republic from 264 BC to 146 BC, and conclude with his eyewitness account of the fall of Carthage in 146 BC. This work was originally written in his native Koine Greek as 40 different “books,” but only the first five of these “books” have survived in their entirety. The rest of these books survive only in bits and pieces, and it is the surviving portion of the sixth book that I will be focusing on today. (This is the book in which he talked about separation of powers in the Roman Republic.) His analysis of checks and balances in this republic that had conquered his homeland would have a powerful influence on men like Montesquieu and Madison. By extension, it would thus eventually influence the United States Constitution as well.

Polybius

Spying during the Cold War was a risky business

“Bond … JAMES Bond.”

In May 1960, an American U-2 spy plane was shot down by the Russians over Soviet territory, which caused something of a crisis in the free world at that time. Francis Gary Powers (the pilot) bailed out of the plane safely, but was quickly captured by the Russians, and forced to admit that he was a spy for the CIA (which he really was). The Soviets had all that was left of the crashed aircraft, along with the spying technology that had survived the crash. They also had actual photos of the Russian military bases that the cameras from on board the plane had taken. After denying the military nature of the plane's mission, the United States eventually admitted that the aircraft was a spy plane; and not out on a “weather research mission” as it had originally claimed.

American pilot Francis Gary Powers, in a special pressure suit for stratospheric flying

What happened to the pilot of the U-2 spy plane shot down in 1960?

Unfortunately for Mr. Powers, the Soviets actually convicted him of espionage three months later. They thus sentenced him to a full three years' imprisonment and seven years' hard labor. Fortunately for Powers, though, his country had already captured Soviet agent Rudolf Abel for a like offense; and exchanged him for both Powers and an American student named Frederic Pryor in 1962. Powers was thus able to go home as a free man at that time, and thus got off relatively easily – after only serving two years of his sentence from the Soviets. But many other spies were not so lucky, and some were killed when the Russians discovered them. The Americans, too, engaged in some executions of convicted spies, of course; as did most other countries that participated in the Cold War. But the Soviet executions had a particular reputation for brutality (and wanton cruelty), and they could get away with sentencing more people because of their standards of evidence being somewhat lower than in the free world. Being a spy was not a “glamorous thing” like in the movies for most agents, it would seem. Thus, the casualties of the Cold War were not limited to actual “shooting wars” between the two sides.

American pilot Francis Gary Powers, when he was in Soviet custody