Free Republic

Re: “I wouldn't say so. The Declaration of Independence was "The Unanimous Declaration of the Thirteen United States of America." Unless there is something earlier in which the states acted in unison, that would have been the beginning of the American nation.”

There was a Declaration of Colonial Rights submitted to the British Parliament.in 1774 by “The good people of the several colonies of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, New Castle, Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, and South Carolina,…”

The similarity of the grievances listed in the Declaration of Colonial Rights and the Declaration of Independence is obvious. However, one outstanding difference is that the Declaration of Colonial Rights addresses the British Parliament and the Declaration of Independence addresses King George.

The Declaration of Colonial Rights can be read at:

http://ahp.gatech.edu/declaration_rights_1774.html

Re: "Of course, this might depend on how you define 'American nation.'"

Simply stated, I define the “American nation” as the “United States of America, a Constitutional Federation of Independent and Sovereign Republics.”

Re: "I'd recommend adding Blackstone's Commentaries and Montesquieu's The Spirit of the Laws to that list. The Founders drew very heavily from both of those texts. "

I agree, and there are countless other sources the Founding Generation used, but the Founder’s constitutional intent and meaning, in respect for all they learned, are promulgated in their Constitutions and the Declaration of Independence. We may agree or disagree with their sources, and their conclusions, but we cannot disagree with the words they put into those documents. We are defining the Constitution's in the words of its authors, not those of Montesquieu, Locke or Adams. For an untrammeled view of the Founder's meaning and intent we must first examine the documents they provided, for that purpose, in their time, in their words, not those written by others before 1776 or after 1791.

Some of the “Founders” at Fancuil-Hall on Friday the 20th of November, 1772 agreed with Locke on the absolute Rights of Englishmen, and all Freemen. The following is part of their document.

"At a Meeting of the Freeholders and other Inhabitants of the Town of BOSTON, duly warned and assembled, in Fancuil-Hall according to Law, on Friday the 20th of November, 1772; then and there to receive and act upon the Report of a Committee appointed at a former Meeting on the 2d of the same Month; and such other Things as might properly come under the Consideration of the Town.

"The Honorable JOHN HANCOCK, Esq;
Being unanimously chosen Moderator,
The Chairman of said Committee
acquainted him that he was ready to make Report,
and read the same as follows.

"III. The Rights of the Colonists as Subjects.

"A Commonwealth or State is a Body politick or civil Society of Men, united together to promote their mutual Safety, and Prosperity, by Means of their Union.*
* See Locke and Vatel.

"The absolute Rights of Englishmen, and all Freemen in or out of civil Society, are principally, personal Security, personal Liberty and private Property.
All Persons born in the British American Colonies, are, by the Laws of GOD and Nature, and by the common Law of England, exclusive of all Charters from the Crown, well entitled and by Acts of the British Parliament are declared to be entitled, to all the natural, essential, inherent and inseperable Rights, Liberties and Privileges of Subjects born in Great-Britain, or within the Realm. Among those Rights are the following; which no Man or Body of Men, consistently with their own Rights as Men and Citizens, or Members of Society, can for themselves give up, or take away from others.

"First, “The first fundamental positive Law of all Commonwealths or States, is the establishing the Legislative Power: As the first fundamental natural Law also, which is to govern even the Legislative Power itself, is the Preservation of the Society.”*
*Locke on Government. Salut [sic] Populi Suprema [sic] Lex esto. [sic]

"Secondly, The Legislative has no Right to absolute arbitrary Power over the Lives and Fortunes of the People: Nor can Mortals assume the Prerogative, not only too high for Men, but for Angels; and therefore reserv’d for the Exercise of the Deity alone.
“The Legislative cannot justly assume to itself a Power to rule by extempore arbitrary Decrees; but it is bound to see that Justice is dispensed, and that the Rights of the Subjects be decided, by promulgated, standing and known Laws, and authorized independent Judges;” that is, Independent as far as possible, of Prince and People. “There should be one Rule of Justice for Rich and Poor; for the Favourite at Court, and the Countryman at the Plough.” *
* Locke"