The Role of Lawyers in the Founding of the United States
Lawyers played a central role in creating the United States, according to J. Rex Farrior, Jr. Their legal training shaped the Declaration of Independence, the Constitution, and the Bill of Rights. Farrior argues that the rule of law and the professional expertise of these founders were essential to safeguarding democratic institutions and individual liberties.
Why did lawyers lead the founding of the United States?
A background in law served as a common denominator for many of the nation’s founders. According to J. Rex Farrior, Jr., the instruments that defined the goals of a free people were products of the great legal minds of that era.
These professionals acted as the framers and defenders of the democratic government. Their training allowed them to draft the federal and state constitutions that remain the foundation of the American system.
Which founders used legal expertise to shape the nation?
Thomas Jefferson’s role as an exemplary literary draftsman reflected his legal training under George Wythe. Jefferson was one of five men chosen to draft the Declaration of Independence, and his version was ultimately adopted with minor changes.
John Adams used his legal reputation in Boston to support the patriotic cause, including the defense of John Hancock against smuggling charges. He later negotiated the peace treaty with Great Britain that recognized American independence.
Patrick Henry, who handled over 1,100 cases in his first three years of practice, was largely responsible for the adoption of the Bill of Rights. He is immortalized for his “Give me liberty or give me death!” speech.
How did diverse professional paths lead to the bar?
Not all founders followed a traditional path to the law. Samuel Huntington was a self-made man who studied law in his spare time while growing up on a farm. George Walton began as a carpenter’s apprentice before moving to Savannah to study law at age 28.
Others shifted careers entirely. Roger Sherman worked as a cobbler and surveyor before entering law at 33. Robert Treat Paine pursued a brief career in the ministry before becoming a respected attorney and special prosecutor in the “Boston Massacre” trial.
Some sought international expertise. Charles Carroll, Edward Rutledge, and William Paca all completed legal studies in London before returning to the colonies to lead patriotic movements.
What happens next as the U.S. approaches its 250th anniversary?
As the nation prepares for its 250th anniversary, the example of the founding generation could inspire modern lawyers to remain engaged in preserving constitutional government. There is a possibility that this historical precedent may encourage a renewed focus on protecting individual rights.
Legal professionals may be called upon to continue the role of upholding federal and state constitutions. This ongoing responsibility is likely to remain a central part of the profession’s contribution to the public.
Frequently Asked Questions
Who was the youngest signer of the Declaration of Independence?
Edward Rutledge, who studied law in London and served as Governor of South Carolina, was the youngest signer.
Who was the first professor of law at an American college?
George Wythe, who taught students including Thomas Jefferson, James Monroe, and John Marshall, became the first professor of law at an American college.
Which founder was the last surviving signer of the Declaration of Independence?
Charles Carroll, a leader of the patriotic movement in Maryland who studied law in London, was the last surviving signer.
Do you believe the legal training of the founders is still the most critical qualification for protecting democratic institutions today?