How did the Magna Carta affect the United States Constitution?

The United States’ constitution is based on the Magna Carta, a charter that was settled on June 15, 1215, in Europe. Between King John of England and his Barons, it was a truce agreement. The text, which is titled “The Great Charter,” was penned in Latin. The King’s son assumed power and pledged to uphold the conditions of the Magna Carta, even though the King ultimately passed away the following year. The document also had an impact on the American Revolutionary era and provided the constitutional framers with some useful tactics and crucial ideas for governance. Therefore, the contributions of the Magna Carta have significantly created and shaped the constitution of the United States. It was a peace treaty between King John of England and his Barons. The text was written in Latin, which means ‘The Great Charter.’ Although the King later died in the following year, his son took over and promised to keep the terms of the Magna Carta. Also, the document influenced the period of American Revolutionary and gave the constitutional framers some practical strategies and important concepts for governance. Therefore, the contributions of the Magna Carta have significantly created and shaped the constitution of the United States. The paper examines the symbolic, legal and structural contributions Magna Carta made to the established government framework as well as the drafting process of the U.S constitution.

The Background of Magna Carta

The England’s Norman Conquest in 1066 resulted in completing domination of the population of the Anglo-Saxon, which had defeated the indigenous Celts. As a result, the entire population blended linguistically and culturally. On the other hand, the Normans overthrew the English religious leaders, made a centralized government and imposed strict feudal relationships between the land and the people. The rigid hierarchical governance that resulted was dominated by a king and his barons who formed the second layer of the society.

During the reign of King John in 1199, the government was ingrained. The king was not a tolerant person because he was an unlovable and repellant man who increased taxes, starved prisoners, killed hostages and did not keep his word and just enthusiastically abandoned. As a result of these harsh conditions during King John’s governance, an underground movement was formed after 1209 to stop him. An open insurrection began in early 1215. Consequently, the Magna Carta was introduced to bring peace in the kingdom and entailed an agreement between King John and his barons.

After it was signed on 15th June 1215 at Runnymede on the banks of Thames River, the barons were sure that the king’s power is limited by the feudal law. The charter was intended to provide a practical document that redressed the king’s wrongdoings, instead of declaring the abstract principles. The Magna Carta commenced with the recitation of the scope of the domain of King John and the prayer of God’s grace. The charter also has 62 clauses that outline the duties of King John. Some of the relevant provisions directed King John to grant freedom to the church from the royal domination.

The document also gave freemen and their heir liberties and protections such as compensation for damage or property and land if the heir was under age, protection of land from seizure during debt payment and giving fines that are equal to the crime committed. Also, the King was to give general consent before levying the taxes. The other important provision was to transfer estates to the widow and affirm their right not to marry again and provide London city with limited self-governance. The king was also to fic the times and locations of the court proceedings, which initially followed the king’s place. The charter concluded with created of 25 barons elected by peers who would form the council, which would address disputed between the King and his barons.

However, the agreement lasted a few months because, in October 1215, civil war broke. According to Sir James Holt, Magna Carta failed as its intention to bring peace was not met but instead provoked war. He believed that the agreement brought contention and disagreement, making its terms not to be properly executed. The essential contribution of the charter to the English, as well as the Euro-America, only provided notions that the king was limited to central government and was not above the law.

The Magna Carta was revived many times in the 1200s but was seen as an insignificant document. However, it was brought back in the 1500s because it provided essential guarantees of protections and liberties. People of 1500 to 1700 saw it as a statement and document, which people could turn to or employ in case the lords dishonored the feudal laws. Most importantly, the text was printed to the mass for the first time in 1759.

The Influence or Impact of the Magna Carta on the U.S. Constitution

The discussion aims at examining the impacts of Magna Carta on US constitution as seen in the historical record. Through culturally transmitted in a distinct form, the charter brought legal, symbolic and structural contributions to the process of drafting the US constitution and the way the government was created. In this section, nominal contributions of Magna Carta are first discussed. Later, legal and structural influences are examined in detail.

Symbolic Contributions

The symbolic aspects resulting from the Magna Carta are the most. The first aspect is the concept of Englishmen as colonialist with particular rights. The new Americans were initially Englishmen, and consider themselves that way. They were also the third people who were loyal to Britain all through the period of Revolution. Today they continue to stay loyal to them. Magna Carta was an agreement between a ruler and the people who were a ruler, way before the social contract began prominently. Although just a few individuals were involved in the charter during the rule of King John, the concept of the social contract was vital during the time that led to the American Revolution.

The documents that followed and preceded independence of the US drew principles that were first outlined in the Magna Carta. The grievances of the declaration of independence of US were similar to those originally in the charter. The declaration of rights of Virginia and the new constitution of Virginia, New Jersey, Massachusetts, New York, Delaware and South Carolina were ratified during the American Revolution. Most of their provisions were based on the terms stated in the Magna Carta such as no taxation without consent, trial proceeding by jury, no life deprivation, liberty, no acquiring person’s land or property without compensation and no excessive punishments or fines.

The other symbolic contribution brought by Magna Carta to the constitution of the United States is the idea that the people need protection from their government and ruler. Protection of individuals from cruel treatment was the main reason Magna Carta was introduced because the people during the reign of King John were tortured during his realm. However, under the feudal system, there lacked a way to protect the people from the odious tyrant. The charter represents a new approach, which is also adopted in the US constitution that provides liberties and protections to the ruled. For instance, the influence of Magna Carta was seen when the first Congress drafted the bill of rights.

Legal Contributions

After the withdrawal of American colonies by the Great Britain in 1776, several founders began adopting and penning individual state constitutions. They consisted of the declaration of rights, which set a model that influenced concerns about including similar statements in the U.S Constitution. The Americans wanted some statements to be listed so that the government cannot encroach on particular guaranteed liberties. Since the United States had no king, they did not require the declaration of rights, but bills of rights. The principles of Magna Carta were used to draft these rights as some of its passages are similar to the amendments to the US constitution.

The final passages in the Fifth Amendment (1791) say that “no person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” Also, the final portion of fourteenth amendment (1868) in section one declares ”no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”. These law clauses contain words that aim at absorbing the constitutional and political interest of the Americans. While the Fifth Amendment acts as a check upon the federal government, the Fourteenth Amendment provides prohibitions that are directed to the individual states with the union. The two amendments, therefore, supplement each other to ensure people have right to life, property, and liberty under the rule of law.

Notably, the law clauses in these amendments do not contain a new language or message of uncertain meaning. They were taken from Magna Carta, a charter of 1215, which had a great language in its origin and stood for over five centuries as a classic expression. It was recognized as a safeguard of inherited and ancient rights of the Englishmen to protect their possessions and personal liberty. The language excelled brilliantly in stressing on universal justice, the reason why the founders selected it to be included in the fifth amendment of the U.S constitution as well as other states that had already included in their laws. The language also set purpose that the fourteenth amendment as directed to all modes and forms of state action; whether in the shape of statues, legal judgments or constitutions.

The US Supreme Court has not so far provided a complete and rigid definition of the phrase ”due process of law.” The court’s policy was recently expressed in the case of Twinning vs. New Jersey. It has not given a comprehensive the meaning, saying that it should be gradually determined through the process of exclusion and inclusion at the decisions of cases arise. The phrase is one of the general principles that have narrow discussion field but help in correcting conclusions. Such principles eventually get universally accepted by the American. However, according to the courts on the Coke authority says that the phrase ‘due process of law’ has a similar meaning as ‘the law of the land’ as a passage in the Magna Carta. This chapter provides that ”no freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or any wise destroyed; nor shall we go upon him, nor send upon him, but by the lawful judgment of his peers, or by the law of the land”.

Also, the court expressed the meaning of the words due process of law in the case of Hagar v. Reclamation Dist., as no trial when it is against liberty, property or life and leads to deprivation of observance of the general rules in the jurisprudence system for security of personal rights. Therefore, the phrase the due process of law is derived from Magna Carta and closely related to the words per legem terrae of the Charter intended to protect individuals from the arbitrary exercise of the government’s power, which is not restrained by the principles of distributive justice and private right. Overall, the courts are bound to a place and adhere to certain laws that are similar to those in Magna Carta.

The Magna Carta also brought a significant contribution to the thinking of the Americans from the feudal societies. The idea that no one, even the ruler, is above the law, helped in drafting the constitution which has words that suggest that laws and justice apply to equally to every person. This provision also implies that high officials and the president can be impeached from leadership if they violate the rights of the citizens. Also, the provision of Magna Carta introduced the idea of general consent before levying taxes, which was extended to the barons. The Us constitution extended the concept of general consent to the House of Representatives, which is the most democratic branch of the government and one that is elected by the ruled or voters.

Structural Contributions

The structural contribution of the Magna Carta arises from the beginning of self-governance in the city of London time when there lacked local governments. Communities were designed as an economic organization to increase feudalism. Therefore, Magna Carta established machinery for enforcing the laws meant to protect the people from mistreatment. The council of barons, a body that was elected by the elite and replaced by its members, is common in the U.S Congress. The influence of Magna Carta continued to the constitutional congress of 1787, which allowed the Congress to tax as it is the body that is close to the citizens.

The other structural influence of Magna Carta is on the contribution to the state constitution, which is fundamental in adapting the famous chapter 39 to meet the American conditions. The chapter was embodied in the colonial law. However, when it was incorporated in the state constitutions and the 4th and 14th amendment, it helps in serving as the foundation of the rule of law in the republic. Most clauses in the state constitutions also referred to as the bill of rights originates from the revolutionary and colonial laws, particularly the Magna Carta. Therefore, each separate state in the federal republic, the charter of 1215 somehow still exists and helps in protecting the life, estates, and liberties from the encroachment of the tyrannical government.

The great charter has influenced the way the America control resources and land. Its passages focused on the property rights as well as the unity through individual rights. Therefore, ideas contained in the US constitution similar to the charter regarding the human rights have made the US, a nation that rejects oligarchy and instead reasserts modern system where all people receive fair treatment. The state and church are also separated, providing the freedom of religion. This concept was also derived from the charter, which granted freedom of worship when the English Catholic Church was free from the control of King John.

Conclusion

The Magna Carta history has a deeper meaning in America as it is the foundation document for the constitution of the United States. It influenced the period of American Revolution and gave the constitutional framers practical strategies and important concept for governance. Specific contributions of the Magna Carta such as such no taxation without consent, trial proceeding by jury, no life deprivation, liberty, no acquiring person’s land or property without compensation and no excessive punishments or fines, to the U.S Constitution, had made it a unique document that typifies the ideas of government and law. The influence of the charter upon the development of the American constitution has taught them the legal and political ideals. These ideas of justice and liberty were guarded and preserved through the history and now formed the policy framework, which is adapted by the American institutions and continues to guide and inspire the people.

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