The Hidden History of the U.S. Constitution
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Via: kavika • 4 months ago • 29 commentsBy: Professor Victoria Sutton (Native News Online)
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Details By Professor Victoria Sutton August 25, 2024
Guest Opinion. The U.S. Constitution is often thought to have originated from the intellectual musings of the Founding Fathers in a tobacco smoke-filled room in Philadelphia.
The Magna Carta (1215) is often credited for its inspiration for our governance in America. But the Magna Carta speaks to fair trials and juries of equals, representation in government and abolishing the exclusive power of one King. That certainly inspired the Bill of Rights, but it did not speak to the structure of governance.
So what was truly considered in the development of the structure of the newly formed United States of America that makes up Articles I, II and III of the U.S. Constitution?
It was clear that there was little interest in copying Parliament as a model, and certainly no royalty would be part of the new structure of government.
As early as 1744 at the Lancaster Treaty Council, Benjamin Franklin and others had been advised by Canasatego, a Haudenosaunee (hoe-dee-no-SHOW-nee) leader, that they would be benefited by forming a government like theirs:
. .. we, the Six Nations, heartily recommend union and a good agreement between you .... Our wise Forefathers established Union and Amity between the Five Nations; this has made us formidable; this has given us great Weight and Authority with our neighboring Nations. We are a powerful Confederacy; and, by your observing the same Methods our wise Forefathers have taken, you will acquire fresh Strength and Power; therefore whatever befalls you, never fall out one with another.
—-Canasatego
This alone is often considered sufficient evidence that the U.S. Constitution was influenced by the structure of the Haudenosaunee Confederacy.
Benjamin Franklin wrote a letter in 1751 to James Parker, expressing his admiration for the Haudenosaunee (with a Eurocentric perspective) :
It would be a very strange Thing, if six Nations of ignorant Savages should be capable of forming a Scheme for such an Union, and be able to execute it in such a Manner as that it has subsisted Ages appears indissoluble; and yet alike Union should be impracticable for ten or a Dozen English Colonies, to whom it is more necessary, and must be more advantageous; and who cannot be supposed to want an equal Understanding of their Interests. -- Benjamin Franklin
Ten years after being advised by Canasatego to adopt a plan like the Haudenosaunee, Benjamin Franklin wrote the Albany Plan of Union (1754) as the first plan to unite the colonies. "Scholars agree that Franklin "admired the Iroquois confederation and plainly had it in mind in his earliest discussion of the need of union among the colonies."
Some stories around the time of the drafting of the Constitution tell the story that a group of Iroquois chiefs came to Philadelphia and were sleeping on the second floor of Independence Hall, during the time John Hancock was presiding over the Continental Congress. The story is that the Haudenosaunee had been invited earlier to come down and view this new Continental Congress.
Articles of Confederation
The Articles of Confederation (1777) was intended to address the ongoing trade wars that resulted in impeding commerce and constant bloodshed and wars between the colonies and the Indian Nations. The agreement to work together on commerce, seemed like a good idea, but the Articles of Confederation lacked the binding power it needed, and the ability to use resources from the colonies for its own national defense were major flaws which proved fatal. It was in effect from 1781 to 1789.
In 1787 ten years after the ratification of the Articles of Confederation, the federal government was unable to resolve trade disputes and had little power over commerce, where tariffs continued to prevent free trade. They began to think about revisiting the Haudenosaunee model.
The Need for the Constitution
A Constitution was needed to address these problems which led to the strong Commerce Clause power enumerated for Congress.
Something very much like the federalism structure of the Haudenosaunee Confederacy was needed, as Canasatego recommended in 1744. It was evident that the federalism concept could be used to structure the relationship between the states and the federal government, much like the Haudenosaunee Confederacy and the Six Nations (the Tuscarora Nation was a later member Nation).
The formation of the Haudenosaunee Confederation
The Haudenosaunee Confederacy may be better known by the name given by the French, the Iroquois Confederacy, but they call themselves the Haudenosaunee.
The Haudenosaunee Confederacy is the oldest known representative democracy, and its formal beginning dates to 1142. In 1142, the Mohawks, Oneidas, Cayugas, and Senecas had agreed to the confederation, but the Onondaga were holding out. The occurrence of a total eclipse influenced their decision to join the confederation, marking the time of the formation of this compact with this cosmic event. The blood feuds that existed at the time had come from the tradition that required that if a person was killed by someone in another clan or in another Nation and then those in that victim's clan were bound to go and kill or capture at least one person from the group that did the killing. There was no peace.
Hiawatha was a skilled speaker and speechmaker and other Tribes who heard of his vision of peace for all of the Tribes, sought him out for consultation. There are many stories about where the ideas originated. Some say Hiawatha was the speaker but Deganawida was the person with the ideas, but was a stutterer, so he was unable to deliver them as effectively as Hiawatha. They joined forces to stop the blood feuds and established the Great Law of Peace. Ultimately, in 1142 a union was formed which has lasted throughout that time to the present.
Federalism
The idea of separation of powers and power held by the people as well as the notion of federalism is set forth in the Great Law of Peace.
In 1785 when there was great frustration in the government with the Articles of Confederation, three representatives were asked to examine the Haudenosaunee form of government more closely and come back with a new proposal --- they were Thomas Jefferson, James Madison and James Monroe. Jefferson became the ambassador to France. Monroe and Madison conferred with an Oneida Chief, Grasshopper. James Madison is largely credited with writing most of The Federalist Papers, considered the founding documents of the U.S. Constitution. The resulting U.S. Constitution with its three branches of government, enumerated powers and power to defend the nation are derived from the influence of the Haudenosaunee.
By June 1788, nine States had ratified the Constitution and by November 1789 all but one had ratified the Constitution so that meant according to the terms of the Constitution it would go into effect March 4, 1789.
Reflection
The Magna Carta, one of the most famous documents in the world, as well as the intellectual writings of philosophers like John Locke and Montesquieu are widely known as influences on the drafters of the U.S. Constitution. But the creation of the U.S. Constitution did not happen in a vacuum of European thought. With the colonies facing trade wars that threatened the economic viability of the colonies, the interference of the states, the inability to tax the colonies so the new nation could defend itself were all looming priorities as the Founding Father drew from the governing nations around them — the Haudenosaunee Confederacy, in particular. It is important not to forget that European thought was an important influence but to omit the historical reality of the influence of the Haudenosaunee Confederacy on the structure of the U.S. Constitution is just intellectual dishonesty.
I often hear comments from law students that they had never even heard of this influence on the formation of the U.S. Constitution, and they are surprised to see the historical documentation was ignored through their early education. I have looked at dozens of references in traditional resources for any mention of the influence of the Haudenosaunee or Iroquois Confederacy on the Constitution and found none, even those specifically discussing the role of Benjamin Franklin who had the most documented evidence of this influence.
To read more articles by Professor Sutton go to: https://profvictoria.substack.com/
In 1988, Congress passed a resolution formally acknowledging the influence of the Iroquois Confederacy on the U.S. Constitution. It reads, "The confederation of the original 13 colonies into one republic was influenced by the political system developed by the Iroquois Confederacy, as were many of the democratic principles incorporated into the constitution itself.” In addition, the resolution stated, “the continuing government-to-government relationship between Indian tribes and the United States established in the Constitution,” which reaffirmed the legitimacy and sovereignty of Native nations and their governments.
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A part of our history that is not well known.
The Haudenosaunee Confederacy is the oldest known representative democracy, and its formal beginning dates to 1142.
holy crap. we stole that from the indians too? wtf?
Didn’t steal it just “borrowed” a part of the idea from us savages.
In 1787 ten years after the ratification of the Articles of Confederation, the federal government was unable to resolve trade disputes and had little power over commerce, where tariffs continued to prevent free trade.
Tariffs-- preventing free trade?
They must have had visions-- of Donald Trump!
In addition to having a negative effect on free trade-- tariffs are very inflationary!!!
LOL
Yep, keep pumping up those tariffs so poor people can worry and do without, cause after all, America is the land of opportunity.
There are serious questions concerning the veracity of the claim the that Iroquois (or Haudenosaunee) provided the model for our republican government or our Constitution. The same link discusses conjecture that democracy arose in pre-history in Asia.
The claim that the Constitution was modelled on indigenous forms of government completely ignores that the Declaration of Independence and Articles of Confederation that preceded the Constitution. The work to establish the form of government for the United States actually began in 1776; eleven years before the writing of the Constitution.
I’ll inform congress of you concerns.
Nah-- both are wrong!!!
" Everybody knows" that it developped in The Garden of Eden-- and then was spread by caravans to Mesopotamia!
If it was " pre- history"-- then no one today would know about it! ("Pre" means before-- but you probably already knew that!!!!
)
Nonsence!
(Do you really think you can get anyone to believe that silliness?)
Are you by any chance aware of the actual meaning of "conjecture"?
Democratic facts?
I don't know about those, but seeing as I am having a great day I will suggest some reading for you, a rather lengthy tome entitled 'The Dawn of Everything - A new History of Humanity' by David Graeber and David Wengrow who backup their Thesis with 83 pages of notes and 66 pages of bibliography.
The 2 links you provided are conjecture.
I have a copy but haven't read it yet.
Correct. Academic experts prefer the term 'conjecture' instead of 'educated guess'.
Days of darkness will soon be here ... it certainly shortened my winter last year.
Wikipedia and conjecture are a perfect fit. BTW the Iroquois Confederacy isn't conjecture it's fact.
an iroquois guy married into my granny's side of the family back in the late 1700's. her family was always progressive.
Back to the subject at hand, now.
Interesting article. Thanks for posting it.
Happy that you found it interesting, Trout.
your perspective is always appreciated.
Thanks Dvan.
Canasatego was a very interesting person. Someone every child should hear about in US History classes. Ayenwatha should also have his day and not just as the subject of a poem. He was a fantastic speaker. Grasshopper had the ideas but had a studder so Ayenwatha did the talking.