British Origins of American Constitutionalism

1
British Origins of American Constitutionalism
Representation
2
British Origins of American Constitutionalism

• Feudalism Contracts
• Rights of Englishmen from custom law became
  common law
• British constitution common law, acts of
  Parliament, and political customs and
  traditions
• Magna Carta

3
Magna Carta

• Great Charter
• King John (feudal lord) vs. barons (principal
  vassals)
• Forced king to sign in 1215 confirmed
  traditional rights promised not to violate them
• Tenants
• 1. Rule of law limited power of ruler
• Due process of law limited govt. action against
  people
• Includes jury of ones peers
• 2. Rights of governed cant be denied
• 3. Govt. based on contract

4
Beginning of Representative Govt. in England

• Parliament councils of advisors
• Divided into 2 houses in 14th century
• House of Lords nobility churchmen
• House of Commons knights burgesses
• Bloody civil war in 17th century over role of
  Parliament
• Charles I forced to consent to Petition of Right
• Habeas Corpus Act of 1678
• Glorious Revolution of 1688 led to English Bill
  of Rights
• Act of Toleration freedom of worship to
  Protestants

5
Petition of Right

• Confirmed taxes could only be raised with consent
  of Parliament
• Strengthened idea of fundamental rights

6
Habeas Corpus Act of 1678

• Writ of habeas corpus orders govt. to deliver a
  person it has arrested to a court of law
  explain charges
• Had been ignored by monarchs

7
English Bill of Rights

• Glorious Revolution King James II overthrown
• William Mary agreed to English Bill of Rights
• Dominant power given to Parliament
• Protected Protestant Church of England
• Influenced U.S. Constitution
• Rule of law
• Parliamentary supremacy
• Govt. by contract and consent
• Differs from U.S. Constitution
• Ratification changes (Parliament vs. people)
• Intent (increase in Parliaments power vs.
  protection of peoples rights)
• Balance of powers but no real separation of
  powers both houses were aristocratic