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POLISH AMERICAN JOURNAL

Feature

Enlightenment Strikes Twice

Comparing the groundbreaking Constitutions of the United States and Poland
The U.S. Constitution (1787) is the world
s oldest active written national constitution. Poland
s Constitution of May 3, 1791, was Europe
s first and the world
s second, modern, written national constitution.

 

As the United States prepares to celebrate the 250th anniversary of its Declaration on Independence, it is a good time to refresh ourselves on the documents that have shaped both the United States and Poland, their Constitutions.

 

2026 will be the 239th anniversary of the U.S. Constitution, and the 234th of Poland’s Constitution of May 3, 1791.

 

The Constitution of the United States of America was the world’s first democratic constitution. Polands May 3rd Constitution became the worlds second and Europe’s first.

 

Although Poland’s parliamentary system of representative government began in the early 1400s, it was not until 1791 that political leaders achieved democratic reform of the government, nearly two years after the ratification of the American constitution.

 

Both constitutions were drafted in secret and later publicly ratified.

 

Following the American model, the Polish constitution established a system of checks and balances with three independent branches of government — executive, legislative and judicial. Both constitutions stressed the principles of equality, tolerance, liberty, secret ballot, and rule by majority.

 

Both constitutions established an executive branch (a king in Poland and a president in America), each with specific privileges and limitations, monitored by a two-house legislative branch: the Polish general assembly, or Sejm, with an upper Chamber of Senators and a lower Chamber of Deputies; and the U.S. Congress with a Senate and House of Representatives. The American vice president presided over the Senate and the Polish king presided over the Chamber of Senators, each casting the tie-breaking vote when necessary. The king and president served as commanders-in-chief of the armed forces and chief guardians of the law and appointed persons to high offices in government, such as chief advisors or ministers, ambassadors and supreme court justices. Unlike the U.S. Congress, however, the Polish Sejm had the power, by two-thirds majority of the combined houses, to force the King to remove an undesirable appointed official.

 

Both constitutions made provisions for change, amendments in the United States and a review of the constitution every twenty-five years in Poland.

 

Also, each nation’s chief executive was selected by indirect election.

 

U.S presidents are chosen by electors selected by state legislatures (the Electoral College), and the Polish king came from a prominent family selected by the Sejm. Today, Poland’s president is elected directly by Polish citizens aged 18 or older in a general, popular vote. The candidate requires more than 50% of valid votes, or a runoff is held. Only the House of Representatives and the Chamber of Deputies were elected directly by popular vote. Also, initially, American states selected federal senators and the Polish king appointed senators.

 

Both constitutions, landmarks in world history, were ultimately inspired by the principles of limited government, or shared authority. Among those who influenced both were:

 

  • John Locke (1632–1704): Considered the most influential, his ideas on natural rights (life, liberty, and property) and the social contract which argues that government exists to protect these rights and can be changed if it fails to do so — heavily shaped the Declaration of Independence and the principles behind the Constitution.

 

  • Baron de Montesquieu (1689–1755): His work, The Spirit of the Laws, provided the blueprint for the separation of powers into legislative, executive, and judicial branches, ensuring a system of checks and balances.

 

  • William Blackstone (1723–1780): His Commentaries on the Laws of England served as the foundation for American common law, shaping legal procedures and individual rights.

  • Thomas Hobbes (1588–1679): While many founders rejected his belief in absolute monarchy, his concepts regarding the necessity of a strong central authority to maintain order influenced the debate over federal power.

  • Jean-Jacques Rousseau (1712–1778): Influenced the concept of popular sovereigntythe idea that the government’s legitimacy stems from the consent of the governed.

  • Classical Philosophers (Aristotle, Cicero): The founders, particularly John Adams, were deeply influenced by the Roman Republic and Greek philosophy, borrowing concepts like the “mixed constitution and the term Senate.

  • Thomas Paine (1737–1809): His pamphlet Common Sense was crucial in persuading colonists to adopt the republican government model.

 

These, along with English traditions like the Magna Carta and the English Bill of Rights, provided the intellectual framework for the systems of government.

 

The Constitutions of the United States, Poland, and other countries can be found online at www.constituteproject.org.

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