How does the Constitution reflect ideas and event surrounding its formation? Documents, events and philosophers

Documents Magna Carta (Great Charter) English Bill of Rights Virginia Declaration of Rights

Magna Carta – what is it? A document that King John of England (absolute monarch) was forced to sign in 1215 Reduced the power the King held Allowed for a Parliament to form

What was the purpose? Make the King follow English laws and limit his power

Why was it important? Considered the beginning of constitutional government in England. First established rule of law

Why the Magna Carta was important to the history of America The right to due process Trial by jury Weights and Measures To be uniform Cannot be deprived of life, liberty and property without due process of law. Writ of habeas corpus Allowing appeal against unlawful imprisonment A punishment fitting and not excessive to the crime Supremacy clause of the United States Constitution (Constitution is the highest law in the land)

English Bill of Rights (1689) Transition from life under monarch to free citizens with inalienable rights Passed as a result of abuses by King James II of England John Locke was a major contributor

Why the English Bill of Rights was important to the history of America Citizens can petition the government – that is not illegal No excessive bail, nor excessive fines, nor cruel and unusual punishments inflicted Right to trial by jury

Virginia Declaration of Rights 1776 Madison heavily influenced the Virginia Declaration of Rights and used it for the new Constitution All power is derived from the people (We the people….) The legislative and executive branches should be separate from the Judicial branch (separation of powers) Executive and Legislative branches – frequent elections No self-incrimination Cannot be deprived of life, liberty, property without due process Citizens have a right to confront accusers

Events Shays’ Rebellion Philadelphia Convention (Constitutional Convention)

Shays’ Rebellion Refer to video notes and/or text for background Almost caused a civil war High taxes and mounting debt

Impact on U.S. Constitution Under the Articles, states were a confederation, no President States have all the power Find specific spots in the Constitution that deal with the presidency and the federal government having more power than the states.

Constitutional Convention Very secretive

Impact on Constitution Connecticut Compromise Look at your notes Necessary and Proper Clause Legislative branch To make all laws necessary to carry out its constitutional duties Establishing the Electoral College and the Presidency

Philosophers John Locke Rousseau Montesquieu Voltaire

John Locke An Enlightenment philosopher English Bill of Rights Popular Sovereignty – We the people….

Rousseau Enlightenment philosopher Popular Sovereignty – We the people….

Montesquieu Enlightenment philospher Checks and Balances Veto Overriding veto Judicial review Senate confirming Presidential appointments Separation of Power “All legislative Powers herein granted shall be vested in a Congress of the United States” “The executive Power shall be vested in a President of the United States of America” Tells exactly what the powers are of each branch

Voltaire Enlightenment philosopher Freedom of religion – separation of church and state “I disapprove of what you say, but I will defend to the death your right to say it.” Freedom of speech Cruel and unusual punishment/excessive bail/fines