The present article commences analyzing the origins and influences of the religious discourse on the configuration of the
modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language.
The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to
the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability
and equilibrium took preference over democracy in a wide sense. I also analyze how the Drafter’s decision has conditioned
the modern constitutional system up to the present.
Keywords Modern and ancient constitutionalism - The role of God - Torah - U.S. American constitution drafters - Civic religion - Legal postivism - Mixed constitution instead democracy
I consider in this paper that the American constitutionalism started in 1789 as a sort of big bang of the American constitutionalist
experiment. Other authors might suggest that the American constitutional tradition might be more critically tied to the events
and moral-religious-legal conflations leading to the execution of Charles I in 1649, in this sense see David L Holmes (2006) and Donald Lutz (1988).