Cicero: The Roman Influence on the Framing of the U.S. Constitution

Marcus Tullius Cicero, a towering figure in Roman history, left an indelible mark on political philosophy through his writings on republicanism and the rule of law. His works, particularly “De Re Publica” (On the Republic) and “De Legibus” (On the Laws), were not only studied by the framers of the United States Constitution but also significantly influenced their conception of government. Here’s how Cicero’s advocacy for a mixed government and respect for legal principles shaped the constitutional framework of the United States:

Cicero’s Philosophical Contributions:

  1. Republicanism:
    Cicero’s vision of republicanism was rooted in the idea that a republic (“res publica” – the public thing) should be a commonwealth where the interests of all citizens are considered. He argued for a government that:
    • Balances Different Interests: Cicero proposed a mixed constitution, drawing from Aristotle’s ideas, where elements of monarchy (the executive), aristocracy (the Senate), and democracy (popular assemblies) were integrated to prevent any one group from dominating.
    • Promotes Civic Virtue: He believed that the moral character of citizens was crucial for the survival of a republic, a notion that resonated with the American Founders who emphasized civic duty and public virtue.
  2. Rule of Law:
    • Natural Law: Cicero was an early advocate for natural law, the idea that certain rights and laws are inherent by virtue of our human nature, transcending any man-made laws. This concept influenced the American belief in inalienable rights.
    • Legal and Judicial Integrity: He stressed the importance of an independent judiciary and the rule of law over the rule of men, principles that would later be enshrined in the U.S. Constitution’s separation of powers and judicial review.

Influence on the U.S. Constitution:

  1. Mixed Government:
    • The U.S. Constitution embodies Cicero’s idea of a mixed government through its separation of powers into three branches: Legislative (reflecting democratic elements), Executive (akin to monarchical power), and Judicial (an aristocratic check). This structure was designed to balance power, ensuring no single branch could dominate, much like Cicero’s mixed constitution.
    • Checks and Balances: Inspired by Cicero’s philosophy, the Constitution includes numerous checks and balances where each branch checks the others, preventing tyranny and promoting stability.
  2. Civic Virtue and Participation:
    • The framers, influenced by Cicero’s emphasis on civic virtue, designed a republic where citizens were expected to participate actively in governance, be informed, and act for the common good. This is evident in the requirements for officeholders, the processes for impeachment, and the emphasis on a well-informed public.
  3. Natural Rights and the Rule of Law:
    • Cicero’s writings on natural law found reflection in the American legal tradition, particularly in the Declaration of Independence’s assertion of “unalienable Rights” and in the constitutional protections of individual rights.
    • The U.S. legal system, with its commitment to due process, equal protection under the law, and an independent judiciary, echoes Cicero’s ideal of a legal system that serves justice over expediency or the whims of those in power.

Cicero’s Legacy in American Thought:

  • Educational Influence: Many of the Founding Fathers, like John Adams and James Wilson, were avid readers of Cicero, with his works being part of their classical education. Adams, in particular, referenced Cicero extensively in his “Defence of the Constitutions of Government of the United States,” advocating for a balanced government.
  • Philosophical Underpinnings: Cicero’s ideas provided a philosophical foundation for many constitutional debates. His concept of the republic as a balance of different societal elements helped frame discussions on federalism, the role of the Senate, and the structure of the House of Representatives.
  • Moral and Legal Philosophy: His integration of moral philosophy with legal and political thought influenced how the framers viewed the relationship between ethics, law, and governance, ensuring that government should be for the common good rather than for the benefit of a few.

Conclusion:

Cicero’s writings on republicanism and the rule of law were more than historical footnotes; they were active components in the intellectual ferment that led to the U.S. Constitution. His advocacy for a government where power is balanced among different societal elements, his call for civic duty, and his belief in the supremacy of law over rulers provided both a model and a moral imperative for the architects of the American republic. Through Cicero, the Founding Fathers looked back to Rome not just for governance structures but for the enduring principles of liberty, equality, and justice that they sought to embed in the new nation’s foundational document.