British Influence

1. British Influence Origins of American Constitutionalism

2. Lesson Objectives • Explain how rights and representative government evolved in England and it’s influence on the Founders • Identify the origins of America’s most important Constitutional rights • Evaluate, take and defend positions on the influence of the Magna Carta on the development of rights and the importance of the concept of Habeas Corpus and trial by jury

3. The beginnings of English Rule • Centuries after the fall of the Roman Empire, Empire England was divided among tribes • Eventually united under one king, but remained too large for one person to rule • Monarch allowed people to tend to their own lives according to customs • William the Conqueror, 1066, Leader of Normans • Kept many English practices • Introduced feudalism • Did not violate customs to keep peace • Monarchs needed advisors to keep them abreast of local customs, the advisors became Parliament and the Royal Court

4. Parliamentary Government • Throughout English rule advisor groups were in place to “speak” or “parlor” on matters of interest • 1295 King Edward I summoned the Model Parliament • Bicameral : 2 houses • House of Lords (Feudal Nobility and Church Officials) • House of Commons (2 knights of every shire, 2 citizens from city and 2 borough or town-were wealthy) • Over time was used to raise money • Could negotiate with all influence parties at once • Edward I: “What concerns all, should be approved by all.”

5. English Common Law • When William the Conqueror became king, each part of the country had different laws • Made cases hard to hear by judges • Judges had to learn each local system • Tried to provide a law system that would common in all parts of the country • Beginning of common law • Publish their decisions so other judges could look and earlier cases • Earlier rulings were called precedents • Stare decisis : “Let the precedent or decision stand” • Provided stability and predictability to rulings • Judges ruled consistently with the past, making only minor changes

6. Rights of Englishmen • English law and constitution placed great importance on custom • Once a law was established it was hard to change • Centuries of custom established rights: • Right to a trial by a jury of one’s peers under the law • Security in home from unlawful entry • Limits on governmental tax authority • 1100 King Henry I issued the Charter of Liberties • Required the crown to obey certain laws regarding nobles and clergy • Basis for the Great Charter to be written a century later.

7. The Great Charter – Magna Carta • What led to the Magna Carta • King John had been heavily involved in wars abroad • Raising taxes to fund wars • Barons seized London to get John’s attention • King John is forced to sign the Magna Carta • Addressed feudal relationships with crown • Barons, clergy and merchants • Would not increase feudal dues/money payments without consent and regarding property rights • Confirmed traditional rights

8. What’s in the Magna Carta • Rule of Law • All members of society must obey the law, even rulers or leaders. • ex. Men must be judged by the law of the land • Known also as the “supremacy of law” • Basic rights • Respect ancient liberties and free customs • Respect redress of grievances: compensation for wrong doing • If the crown infringed on their common law rights • Government by agreement or contract • Agreement with a few/limited number of people • Did not include the masses • Feudal principle: draw up an agreement between parties for legitimate government

9. Magna Carta—Why does it matter? • More than just three main principles • Other seeds were written in regarding constitutional principles • No taxation without representation • Not to levy taxes without consent of common counsel • Barons could go to war with him again if broke the agreement • [Was war against the government a reasonable solution?]

10. What is the British Constitution? • Contains common law, acts of Parliament, customs and traditions • What influenced the British Constitution? • Magna Carta 1215 • Petition of Right 1628 • English Bill of Rights in 1689

11. Petition of Right • Parliament had grown in importance and could challenge the Crown’s decisions • Power struggles over money, religion and foreign policy • Key Issue: Did the Crown have to accept the supremacy of law made by Parliament? • Charles I tried to raise funds to fight wars in France and Spain • Made the attempt without the consent of Parliament • Petition of Right • Charles forced to agree • Could not raise taxes without consent of Parliament • Could not force citizens to quarter soldiers in their homes • Right to Habeas Corpus • Established fundamental rights no government could abolish

12. Strife Continues • Petition of Right did not end struggles • Civil Unrest ensued • Charles I was executed when monarch fell in 1649 • Commonwealth period followed, until the monarch was restored in 1660, Charles II takes the throne. • Habeas Corpus Act 1679 • Allowed British subjects to apply for a Writ of Habeas Corpus • “You have the body” • Orders an official to deliver the person to a court of law • Government must justify why they the individual is in custody • If the government cannot justify holding the prisoner, they must be released • Keeps governments from imprisoning someone arbitrarily or indefinitely

13. Rise of Parliament • 1600’s Parliament is recognized as the highest legal authority • The struggle between the Crown and Parliament ended with the “Glorious Revolution • Revolution settlement: William and Mary of Orange of the Netherlands were invited to be joint monarchs • Preserve the power of Parliament • Had to agree to the English Bill of Rights • English Bill of Rights • Rule of law • Limits on taxation by the Crown • Free speech and debate in Parliament • Representative Government is only legitimate form