How Did The Magna Carta Influence The American Constitution
Magna Carta: The Influence on the American Constitution
Question: What was the historical significance of the Magna Carta, and how did it influence the United States of America?
The Magna Carta, written in 1215 by Barons, the lowest level of nobility of 13th Century England, was created to challenge the authority of King John. The confrontation of the King’s control was due to him taking advantage of his power, abusing the feudal system. In order to eliminate his mistreatment of the laws, the Barons rebelled and pressured King John to sign the Magna Carta, which consisted of 63 clauses that limited his power. Although there have been revisions made since the original writing, the Magna Carta, considered the document that created democracy, …show more content…
is valued as one of the most important documents in history and hundreds of years later, American Revolutionaries used its foundational concepts to write the American Constitution.
After the rules of the Magna Carta began being implemented on English society, the building of its foundation began.
Limiting the power of King John changed the way Western Europe valued the authority of their leaders forever. A clause that has been extremely historically significant is, “No freeman shall be taken or imprisoned or diseased or exiled or in anyway destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.”1 Also known today as the universal right to due process, the idea of giving someone fair treatment through a judicial system is one of the most influential laws in history. Not allowing a citizen to be punished without a fair trial was not only groundbreaking then, but was nearly copied when writing the Constitution during the American Revolution, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury… nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”2 One can see the similarities between Clause 63 of the Magna Carta and the 5th Amendment of the American Constitution. As the two are almost exactly the same, it can be seen just how much the …show more content…
Magna Carta was used to create the American Constitution.
Another important rule used in the Magna Carta that protected citizen’s personal rights states, “Wherefore it is our will, and we firmly enjoin, that the English Church be free, and that the men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, well and peaceably, freely and quietly, fully and wholly, for themselves and their heirs, of us and our heirs, in all respects and in all places for ever, as is aforesaid.
An oath, moreover, has been taken, as well on our part as on the part of the barons, that all these conditions aforesaid shall be kept in good faith and without evil intent…”3 In this situation, the Magna Carta is giving religious, and speech freedoms to his people. This is another innovative clause written by the Barons, relieving the King of his power and giving liberties to the citizens, as it was the first time an entire nation was given so many rights. This clause was also so significant, that the American Revolutionaries imitated it with their 1st Amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”4 Although the 1st Amendment covers a lot more freedoms than Clause 63 of the Magna Carta, the main ideas follow each other. Both the Barons, and American Revolutionaries believed the people of their
nations deserved certain freedoms, which they both fought for.
The Magna Carta is without question one of the most vital pieces of literature in our world’s history. The basis that it set for the future of democracy was pioneering and not only molded the future of governments in Western Europe, but eventually reached North America to the United States. Two of the most influential parts of the Magna Carta, Clauses 39 and 63, are now respectively known as the 5th and 1st Amendments, due process and freedoms of religion and speech, in the American Constitution. Without the efforts of the Barons of England in 1215, there is a great chance that America would not be the ‘Land of the Free and Home of the Brave’ today. Much of our freedom and government’s blueprints can be attributed to the Magna Carta.
Bibliography
“Magna Carta 1215.” Magna Carta 1215. http://www.fordham.edu/halsall/source/mcarta.html
“US. Constitution.” US. Constitution. http://www.law.cornell.edu/constitution
Question: What was the historical significance of the Magna Carta, and how did it influence the United States of America?
The Magna Carta, written in 1215 by Barons, the lowest level of nobility of 13th Century England, was created to challenge the authority of King John. The confrontation of the King’s control was due to him taking advantage of his power, abusing the feudal system. In order to eliminate his mistreatment of the laws, the Barons rebelled and pressured King John to sign the Magna Carta, which consisted of 63 clauses that limited his power. Although there have been revisions made since the original writing, the Magna Carta, considered the document that created democracy, …show more content…
is valued as one of the most important documents in history and hundreds of years later, American Revolutionaries used its foundational concepts to write the American Constitution.
After the rules of the Magna Carta began being implemented on English society, the building of its foundation began.
Limiting the power of King John changed the way Western Europe valued the authority of their leaders forever. A clause that has been extremely historically significant is, “No freeman shall be taken or imprisoned or diseased or exiled or in anyway destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.”1 Also known today as the universal right to due process, the idea of giving someone fair treatment through a judicial system is one of the most influential laws in history. Not allowing a citizen to be punished without a fair trial was not only groundbreaking then, but was nearly copied when writing the Constitution during the American Revolution, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury… nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”2 One can see the similarities between Clause 63 of the Magna Carta and the 5th Amendment of the American Constitution. As the two are almost exactly the same, it can be seen just how much the …show more content…
Magna Carta was used to create the American Constitution.
Another important rule used in the Magna Carta that protected citizen’s personal rights states, “Wherefore it is our will, and we firmly enjoin, that the English Church be free, and that the men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, well and peaceably, freely and quietly, fully and wholly, for themselves and their heirs, of us and our heirs, in all respects and in all places for ever, as is aforesaid.
An oath, moreover, has been taken, as well on our part as on the part of the barons, that all these conditions aforesaid shall be kept in good faith and without evil intent…”3 In this situation, the Magna Carta is giving religious, and speech freedoms to his people. This is another innovative clause written by the Barons, relieving the King of his power and giving liberties to the citizens, as it was the first time an entire nation was given so many rights. This clause was also so significant, that the American Revolutionaries imitated it with their 1st Amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”4 Although the 1st Amendment covers a lot more freedoms than Clause 63 of the Magna Carta, the main ideas follow each other. Both the Barons, and American Revolutionaries believed the people of their
nations deserved certain freedoms, which they both fought for.
The Magna Carta is without question one of the most vital pieces of literature in our world’s history. The basis that it set for the future of democracy was pioneering and not only molded the future of governments in Western Europe, but eventually reached North America to the United States. Two of the most influential parts of the Magna Carta, Clauses 39 and 63, are now respectively known as the 5th and 1st Amendments, due process and freedoms of religion and speech, in the American Constitution. Without the efforts of the Barons of England in 1215, there is a great chance that America would not be the ‘Land of the Free and Home of the Brave’ today. Much of our freedom and government’s blueprints can be attributed to the Magna Carta.
Bibliography
“Magna Carta 1215.” Magna Carta 1215. http://www.fordham.edu/halsall/source/mcarta.html
“US. Constitution.” US. Constitution. http://www.law.cornell.edu/constitution