Learn about constitutionalism and constitutionalists. See multiple examples, the most important features, and the main arguments against constitutionalism.
Updated: 11/21/2023
Constitutionalism | Definition & Examples
Table of Contents
- What is Constitutionalism?
- Constitutionalism Definition
- Core Features of Constitutionalism
- Criticisms of Constitutionalism
- Lesson Summary
- FAQs
- Activities
What is Constitutionalism?
Writing Activity:
Imagine you are an adviser to King William III in 1689. He is being pressured to consent to the English Bill of Rights. He asks you for advice on how to proceed. Write a letter convincing him to either support or condemn the proposed Bill of Rights. Be sure to provide reasoning to justify your stance.
Activity for Constitutionalism:
On your own or in a small group with your classmates, write a constitution for a make-believe society. This society could be a nation, or it could be a private group. If power is derived from the people (or group members), who will be in charge of the society? How will leaders be selected? What rights will other members of the society have? If a dispute arises among members, how will it be resolved? What, if anybody, has the right to interpret the constitution when unforeseen developments arise? What if outsiders want to join the group or society? What is the process of inclusion and exclusion?
Additional Questions to Consider:
- What was the Glorious Revolution? How is it connected to constitutionalism?
- What philosophical theory did American revolutionaries use to justify their split with Great Britain?
- What do you think a "strict interpretation" of the U.S. Constitution means? Do you think such an interpretation is important? Why or why not?
What is the purpose of constitutionalism?
The purpose of constitutionalism is to ensure that the government of a state does not overstep its bounds. A constitution is meant to delineate the restrictions on government and enumerate the rights of citizens.
What does constitutionalism mean?
Constitutionalism is the belief that the government of a nation should only act as allowed in the nation's constitution. This document is framed to communicate the will of the people.
What is an example of constitutionalism?
An example of a document framed under the ideals of constitutionalism is the Magna Carta. It was written in 1215 and signed by King John, whose abilities it curtailed.
Table of Contents
- What is Constitutionalism?
- Constitutionalism Definition
- Core Features of Constitutionalism
- Criticisms of Constitutionalism
- Lesson Summary
The meaning of constitutionalism is the theory that the best form of governments are those which are laid out in a formal constitution, which establishes the guidelines for the formation and operation of governments and the laws by which citizens live. Constitutionalism also states that politicians and government leaders should operate strictly according to the constitution. Adherents to constitutionalism are called constitutionalists, and it is found on both the right and left sides of the political spectrum, as well as the center.
Constitutionalism is both a political theory and a form of governance. The central tenet of constitutionalism is that the authority of the government to make and enforce laws are legitimized by the approval and will of the people. The emphasis on the restriction of the government based upon the writings in a constitution is derived from the belief that government should be limited.
Over the course of history, constitutionalism has evolved in its meaning as a term and its use as a tool. No one knows who first used the term ''constitutionalism,'' but it was created in the late eighteenth century, and had a relatively strong surge in use which started in the 1840s. There are multiple types of constitutionalism today, including originalist, libertarian, and democratic.
The foundation of constitutionalism, the concept of the limitation of government based around the will of the people, is based upon the idea of a social contract. The government agrees to protect the interests, the lives, and the property of its citizens, and the people agree to support and sustain their government. This idea was created by English politician and philosopher Thomas Hobbes and expanded by John Locke in his Two Treatises on Government.
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Origins of Constitutionalism in the US
The first document to be called a constitution in the history of the Western world is the Magna Carta, although some argue that it is not technically a constitution. It was a document written in 1215 which was meant to enshrine the rights of the nobles and restrict the abilities of King John. There were several iterations, each of which expanded upon the foundation of the first version and strengthened the position of the nobles in the government of Great Britain. It also enumerated the rights of all free landowning men in England. This document did not protect the rights of all citizens, but it was a significant step forward.
Around four and a half centuries later, King William III signed The English Bill of Rights, the next significant constitution. It signified a significant number of concessions from William to the members of parliament and the English public. It required the king to obtain permission from Parliament to engage in certain acts, and forbade other actions outright, including punishing members of Parliament for exercising their freedom of speech.
The first federal constitution in the United States was the Articles of Confederation, written in 1777. It was the first federal document in the United States and attempted to create unity between the individual states. However, it was not strong enough to govern all the states together, especially because it did not establish federal currencies or federal laws. After the Articles were written, each of the states created their own relationships with other countries and often established discriminatory tariffs against the goods from other states. These circumstances led to the creation of the United States Constitution.
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The United States Constitution was written in 1787 as a result of the Constitutional Convention. One of the most significant facts of the Convention is that the delegates sent from some of the colonies had been specifically instructed simply to revise the Articles of Confederation rather than write a new constitution. However, even these delegates realized that the Articles of Confederation were much too weak to be considered a binding constitutional document.
In 1999, the U.S. Constitution Party was formed. Members of both the Democrat and Republican parties banded together in an assertion that both political parties, and many others, were not acting in accordance with the guidelines of the United States Constitution. At the present time, it leans significantly to the conservative side of the political spectrum and is the fifth-largest party at this time in the United States.
Constitutionalism Examples
There are multiple examples of constitutionalism throughout the world. Although the United States is the country most associated with the political theory, it has also affected the formation of movements in other countries.
Example 1: Justice Scalia on Same-Sex Marriage
In 2015, during the landmark Obergefell v. Hodges case which overturned state bans on same-sex marriage, Justice Scalia argued that the Constitution prevented the federal government from interfering in state matters. He argued that the issue of same-sex marriage was a matter of state law. This argument was based on the concept of originalism, which states that the Constitution should be interpreted according to the intents of its writers.
Example 2: The Turkish Constitution
In 1921, the entire structure of the Ottoman Empire changed virtually overnight. The Ottoman Empire was dissolved and the country of Turkey, with its own constitution, was created. While this was not the first constitution for the nation, it was the first constitution to be based on the will of the people (although many claim that all of the members of the population were not represented in the Constitution). In 2017, a host of amendments to this Constitution were passed that turned it into an enabler of the occupier of the newly-formed presidential office. Many saw this as a step back into the Sultan-controlled Ottoman Empire, especially when prominent public servants and politicians were removed and replaced by appointees of the presidential government.
Example 3: German Re-Unification Post-WWII
In the aftermath of World War II, Germany reorganized its government with the creation of the Basic Law in 1949. While this document was originally meant to be merely transitional, to be replaced with an eventual constitution, it has now become regarded as the legitimate constitution itself. This position was strengthened when East Germany agreed to submit to the government of Germany as defined under the Basic Law in 1990. This constitution has a lengthy and detailed list of restrictions on the functions of government. Constitutionalism is so strongly enshrined in the German government that the Federal Constitutional Court is a unique judicial body set apart only to decide if government actions are allowed by the Basic Law. This body is separate from other courts, and its rulings are binding on all other courts in Germany, even the Federal Court of Justice, which is the body analogous to the United States Supreme Court.
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There are two definitions of constitutionalism. The descriptive definition of the theory of constitutionalism focuses on its role in the development of governments and political movements. In other words, it views constitutionalism as a historical force rather than a political theory. The prescriptive definition, on the other hand, focuses on the application of the theory. It emphasizes the role of governments and their responsibilities to abide by the limitations laid down by their constitution.
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No matter what definition one uses to describe constitutionalism, there are several core features of the political theory. These include:
- Power of government is derived from the will of the people
- Governments are bound to act by the tenets of their constitution rather than their own desires
- In order for the limitations on governments to be changed, the constitution must be changed
- Separation of powers between the branches of government, along with checks and balances, is of paramount importance to the success of government and the protection of the rights of the people
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Although there are some significant supporters of constitutionalism, there are also many detractors. The most important criticisms of constitutionalism include:
- Restrictions on the role of governments to act during emergencies
- An overemphasis on the importance of the rule of the majority
- Some constitutions attempt to safeguard against this possibility by establishing an electoral group
- Possibly, governments could use constitutionalist arguments as an excuse to justify inaction on an issue that is important to the public
- This is especially feared when considering the actions of individuals who have been appointed to a public office rather than being elected, such as Supreme Court justices.
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Constitutionalism is a political theory which states that a government should abide by the tenets of its constitution, and should heavily evaluate the laws it passes and the actions of its members based upon that constitution. Constitutionalism is based upon the idea of a social contract between government and the public, an idea created by Thomas Hobbes and strengthened by John Locke. Constitutionalism influenced the creation of several important documents throughout history, including the Magna Carta in 1215, signed by King John; the English Bill of Rights, signed by William III; and the United States Constitution in 1787.
While there are two prominent definitions of constitutionalism, there are several core features of the theory which are present no matter which definition one uses to describe it. These include:
Constitutionalism has also been a significant factor in citizens' political involvement. For example, it was the motivating theory behind the creation of the U.S. Constitutional Party in 1999. Constitutionalism has had several major detractors, including those who state that the theory can be used to support government inaction.
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Video Transcript
Definition of Constitutionalism
As Americans, we hear a lot about the U.S. Constitution. After all, along with the Declaration of Independence, it is a founding document. Maybe some of you have even been to the National Archives in Washington, D.C., to see it. We understand that our government is based on the U.S. Constitution, but what exactly is constitutionalism? Maybe you've heard this term; maybe you haven't.
Constitutionalism is a political philosophy based on the idea that government authority is derived from the people and should be limited by a constitution that clearly expresses what the government can and can't do. It's the idea that the state is not free to do anything it wants, but is bound by laws limited its authority. Constitutionalism has a vibrant history among the English people, and that tradition has been passed on to other nations, most notably to us as Americans. Let's dig deeper and learn more about constitutionalism.
The Origins of Constitutionalism
The roots of constitutionalism go way back. It didn't just spring up out of nowhere, but rather evolved into what it is now. Way back in 1215, King John of England was forced by a group of wealthy nobles to sign a document called the Magna Carta. The Magna Carta set certain limits on the king's power. The practical importance of the Magna Carta has been exaggerated over the years, but nevertheless, it did set a precedent for limited government.
Jump ahead to the year 1689. In that year the English Bill of Rights was signed by King William III of England. King William III, who had previously been known as William of Orange, came to power in what is called the Glorious Revolution. Basically, the people of England were tired of King James II's pro-Catholic policies and invited William, who was a Protestant, to come invade their country and become their new king. The English Bill of Rights outlined what rights English citizens possessed, and placed limits on the monarch and Parliament. The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights.
Political theorist John Locke played a huge role in cementing the philosophy of constitutionalism. Locke was an English intellectual who helped develop the concept of social contract theory. According to this theory, government itself is a sort of contract between the people and the state, and if the state abuses its power or doesn't hold up its end of the bargain, the people have the right to make the contract null and void. Does this concept sound familiar? Yep, America's Founding Fathers were big fans of Locke, and his ideas provided the philosophical justification for American Revolution.
American Constitutionalism
The American Revolution was rooted in constitutionalism. Colonists were angry because from their perspective, Parliament had overstepped its bounds by implementing a policy of 'taxation without representation.' As we all know, the American Revolution led Thomas Jefferson to draft the Declaration of Independence. Note the Lockean sentiment in these lines:
'That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government . . .'
This idea is pure John Locke and pure constitutionalism. Once independence had been won, the United States operated under a constitutional document called the Articles of Confederation. However, this constitution proved ill-suited, and in 1789 a second constitutional document was adopted, what we now know as the U.S. Constitution. This document has served America well for over two hundred years.
In recent years, some Americans have expressed fear that America is moving away from its constitutional limits. This is particularly true among those who identify as political conservatives. In 1999, the Constitution Party was formed. This conservative third party adheres to a strict interpretation of the U.S. Constitution. It has not played a major role in American politics, however.
Lesson Summary
Let's review. Constitutionalism is a political philosophy based on the idea that government authority is derived from the people and should be limited by a constitution that clearly expresses what the government can and cannot do. The Magna Carta set an early precedent for English constitutionalism. It was signed by King John of England in 1215 and set certain limits on what the king could and could not do. The English Bill of Rights was signed by King William III in 1689. It outlined what rights English citizens possessed and placed limits on the monarch and Parliament.
The social contract theory is a view developed partly by John Locke stating that government itself is a sort of contract between the people and the state, and if the state abuses its power or doesn't hold up its end of the bargain, the people have the right to make the contract null and void. The Declaration of Independence was written by Thomas Jefferson in 1776 and is based on Lockean ideas. The Constitution Party is an American conservative third party formed in 1999.
Learning Outcomes
After you're finished watching the video, make an attempt to:
- Recall the definition of constitutionalism
- Discuss the origins of constitutionalism
- Consider American constitutionalism and how it's impacted American development
- Examine constitutionalism in America today
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Constitutionalism | Definition & Examples
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