The primary function of a constitution was to mark out the boundaries of governmental powers-hence in England, where there was no constitution , there were no limits (save for the effect of trail by jury) to what the legislature might do.

Up and down the the still sparsely settled coast of British North America, groups of men-intellectuals and farmers, scholars and merchants, the learned and the ignorant-gathered for the purpose of constructing enlightened governments.

The theory of politics that emerges from the political literature of the pre-Revolutionary years rests on the belief that what lay behind every political scene, the ultimate explanation of every political controversy, was the disposition of power.

The most powerful presentations were based on legal precedents, especially Calvin's Case (1608), which, it was claimed, proved on the authority of Coke and Bacon that subjects of the King are by no means necessarily subjects of Parliament.

In England the practice of "virtual" representation provided reasonably well for the actual representation of the major interests of the society, and it raised no widespread objection.

The idea of sovereignty current in the English speaking world of the 1760's was scarcely more than a century old. It had first emerged during the English Civil War, in the early 1640's, and had been established as a canon of Whig political thought in the Revolution of 1688.

The full bibliography of pamphlets relating to the Anglo-American struggle published in the colonies through the year 1776 contains not a dozen or so items but over four hundred.