Sir William Blackstone’s “Commentaries on the Laws of England” and Its Influence on the U.S. Constitution

Sir William Blackstone’s “Commentaries on the Laws of England,” published between 1765 and 1769, is considered one of the most significant legal treatises in history. This comprehensive work not only systematized English common law but also played a pivotal role in shaping the legal thought of the Founding Fathers of the United States. Here’s how Blackstone’s “Commentaries” influenced the writers of the U.S. Constitution:

Overview of “Commentaries on the Laws of England”

Blackstone’s work was groundbreaking for its time as it aimed to make the complex and often inaccessible body of English law understandable to the general public, including students, lawyers, and laypeople. It covered four volumes:

  • Rights of Persons: Discussing natural rights, civil rights, and the structure of government.
  • Rights of Things: Dealing with property law.
  • Private Wrongs: On civil wrongs and remedies.
  • Public Wrongs: Concerning criminal law and public offenses.

Key Influences on the U.S. Constitution:

  1. Natural Rights and Government:
    Blackstone’s discussion on natural rights, particularly in his first volume, resonated with the American revolutionaries. He described rights like life, liberty, and property as inherent and preceding government. This philosophy directly influenced the Declaration of Independence’s assertion of “unalienable Rights” and the Constitution’s protection of individual liberties.
    • Quote: “The principal aim of society is to protect individuals in the enjoyment of those absolute rights, which were vested in them by the immutable laws of nature.”
  2. Separation of Powers:
    Although Montesquieu is often credited with this idea, Blackstone’s explanation of the British constitutional system, where executive, legislative, and judicial functions were distinctly separated, reinforced the American commitment to this principle. The U.S. Constitution’s design reflects this, with its distinct branches of government.
  3. Judicial Review:
    Blackstone advocated for the judiciary’s role in interpreting laws, suggesting a seed for the concept of judicial review. Although he did not explicitly argue for the power to strike down laws, his writings on the necessity of courts to interpret and apply the law according to the constitution influenced the eventual establishment of judicial review in the U.S., famously articulated in Marbury v. Madison (1803).
  4. Common Law:
    Blackstone’s emphasis on common law as a source of legal rights and protections helped cement its place in American jurisprudence. The U.S. Constitution and subsequent legal developments in America adopted and adapted many common-law principles, particularly in areas like contracts, torts, and property law.
  5. Bill of Rights:
    The protections Blackstone described, especially those against arbitrary arrest, excessive bail, and cruel punishments, found their way into the U.S. Bill of Rights. His discussions on the right to bear arms, trial by jury, and freedom from unreasonable searches and seizures directly influenced amendments like the Second, Fourth, Fifth, Sixth, and Eighth.
    • Quote: “The public good is in nothing more essentially interested, than in the protection of every individual’s private rights.”
  6. Property Rights:
    Blackstone’s detailed treatise on property rights, including the sanctity of private property, shaped the American legal landscape. The Fifth Amendment’s protection against the taking of property without just compensation (“eminent domain”) echoes Blackstone’s views on property as a fundamental right.

Impact on American Legal Education:

Blackstone’s “Commentaries” also transformed legal education in America. It became a standard text in law schools, influencing generations of lawyers and jurists. This educational impact meant that many of the framers and early American legal minds were steeped in Blackstone’s interpretations and principles.

Conclusion:

The influence of Sir William Blackstone’s “Commentaries on the Laws of England” on the U.S. Constitution cannot be overstated. His work provided not only a legal framework but also philosophical and jurisprudential underpinnings that shaped the American legal system. By articulating the principles of common law, rights, and governance in a clear, accessible manner, Blackstone helped lay the groundwork for the constitutional structure and legal culture of the United States. His “Commentaries” continue to be referenced in legal discourse, underscoring their lasting impact on American law and governance.