The Fundamental Orders were adopted by the Connecticut Colony council on January 24 [O.S. January 14] 1639. The Fundamental Orders describe the structure and powers of the government set up by the Connecticut River towns in a driven attempt for the folks of Connecticut to lead Godly lives. The Orders were also designed to give the government access to the open ocean for trading.

The Orders are often considered to be the first example of a written constitution in America, and within the orders, there is an emphasis on the limitation of powers of certain government positions and involvement of the common folk within government rather than exclusively by the gentry. Connecticut has even earned its nickname of The Constitution State because of this. The document is also notable as it assigns supreme authority in the colony to the elected general court, omitting any reference to the authority of the British Crown or other external authority. In 1662, the colony petitioned the king for a royal charter, which substantially secured the colony's right to self-govern following the same form of government established by the Fundamental Orders. However, most consider the Charter as just a reiteration of the policies found in the Fundamental Orders. With the involvement of common folk within government, as well as other rights such as not having requirements for the Freedmen to vote and giving them access to said vote, the document could be considered one of the more democratic constitutions of its time and is vital to the blueprint for democracy within the American government.

In the year 1634, a group of Puritans and others who were dissatisfied with the rate of Anglican reforms sought to establish an ecclesiastical society subject to their own rules and regulations. They also wanted to establish a form of government that allowed for more suffrage, which the Massachusetts Bay government did not allow. The prospect of Connecticut’s fertility was also a driving force.

The Massachusetts General Court granted them permission to settle the cities of Windsor, Wethersfield, and Hartford. Ownership of the land was called into dispute by the English holders of the Warwick Patent of 1631. The Massachusetts General Court established the March Commission to mediate the dispute and named Roger Ludlow as its head. The Commission named eight magistrates from the Connecticut towns to implement a legal system. The March commission expired in March 1636, after which the settlers continued to self-govern.

On May 29, 1638, Ludlow wrote to Massachusetts Governor Winthrop that the colonists wanted to "unite ourselves to walk and lie peaceably and lovingly together." Additionally, a sermon conducted by Reverend Thomas Hooker on May 31, 1638, was an influential part in making the document. During this sermon, Hooker expressed his advocacy for a government that was run by the people and listed the following reasons.

“(1) that the choice of magistrates belongs unto the people by God’s allowance, (2) the privilege of election must be exercised according to the blessed will and law of God, (3) those who have power to appoint officers and magistrates have also power to set bounds and limitations of the powers and place unto which they call them.”

On January 14, 1639, a meeting was held by magistrates and committeemen in Hartford to conduct a draft of the Orders. These included figures such as Ludlow, John Haynes, John Mason and Thomas Welles, all trying to build upon Hooker's teachings. The Orders were fully adopted on January 14, 1639 O.S. (January 24, 1639 N.S.) and established Connecticut as a self-ruled colony.

There is no record of the debates or proceedings of the drafting or enactment of the Fundamental Orders. It is postulated that the framers wished to remain anonymous because England was watchful and suspicious of this vigorous infant colony; the commission from Massachusetts had expired. The orders were transcribed into the official Connecticut Colony records by the colony's secretary Thomas Welles.