U.S. Constitutional Foundations and Republican Ideals: Key Historical Examples and Legal Cases

Historical example supporting Montesquieu's claim about small republics:

Ancient Greek city-states fell to Macedon due to limited military capacity.

Historical example supporting Montesquieu’s claim about large republics

→ Roman Republic collapsed due to internal corruption and factionalism.

Founders' response to Montesquieu

Federalism in the U.S. Constitution balanced size and stability.

French and Indian War

Showed colonies needed unified defense against France.

Treaty of Paris

Removed France from North America but increased British control, heightening colonial fears of centralized power.

Spain's control of Florida

Threatened southern colonies and encouraged stronger colonial coordination.

Proclamation of 1763

British order limiting westward expansion to avoid conflict with Indigenous nations.

Indigenous resistance

Demonstrated need for coordinated colonial defense and diplomacy.

Albany Plan of Union

Proposed shared government for defense; rejected due to fear of centralized authority.

Articles of Confederation weakness

Congress could not tax or raise a standing army.

Shays' Rebellion

Demonstrated inability of weak central government to maintain order.

Constitutional Convention

Created stronger federal government to solve external and internal weaknesses.

Article I, Section 8

Grants Congress power to raise armies and regulate commerce.

Federalist No. 10

Argued large republic controls faction better than small ones.

Bicameral legislature

House represents people; Senate represents states.

Electoral College

Designed to manage popular influence in a large republic.

McCulloch v. Maryland

Strengthened federal authority over states.

Northwest Ordinance

Established process for new states with republican governments.

Michigan Statehood

Balanced population size with representation.

County and township governments

Preserve local participation within large states.

State constitutions

Prevent excessive centralization at the state level.

Mayflower Compact

Consent of the governed and common good.

Fundamental Orders of Connecticut

First written constitution limiting government power.

Pennsylvania Frame of Government

Protected liberty of conscience (natural rights).

Virginia Declaration of Rights

Explicit recognition of inherent rights.

Classical republican view

Roman fear of corruption by luxury.

Natural rights view

Government exists to protect preexisting rights.

Right of revolution example

Declaration of Independence.

Bill of Rights

Protects individual liberties from government abuse.

Republican institutions

Encourage participation (elections, jury duty).

Jury service

Civic obligation rooted in republicanism.

Marbury v. Madison

Established judicial review to limit government power.

Brown v. Board of Education

Upheld equality as an inherent right.

Miranda v. Arizona

Protected individual rights against state power.

Gideon v. Wainwright

Right to legal counsel as fundamental liberty.

Reynolds v. Sims

One person, one vote strengthened representative government.

Bush v. Gore

Highlighted tensions in managing elections in a large republic.

Voting Rights Act of 1965

Protected political participation.

Patriot Act

Raised tensions between security and liberty.

Executive Order 9066

Shows risk of rights violation during crisis.

Executive Orders during COVID-19

Emphasized common good vs. individual liberty.

Civil Rights Movement

Used natural rights language and republican appeals to justice.

Black Lives Matter movement

Invokes equality and inherent rights.

January 6, 2021 Capitol attack

Demonstrates risks of factionalism in a large republic.

Debates over civic education

Reflect classical republican emphasis on virtue.

Mandatory jury service today

Ongoing example of republican civic duty.

U.S. contradiction to Montesquieu

No; it adapts his ideas through constitutional design.

Dominant philosophy in modern America

Natural rights philosophy.

Importance of classical republicanism today

Democracy depends on informed and virtuous citizens.