Influences on American Documents of Freedom Obj 1.02: Trace and analyze the development of ideas about self-government in British North America.

A. Sources of law Greek Law: citizens took part in government, direct democracy Roman Law: standardized legal procedures, Roman Senate English Common Law: unwritten laws based on customs and traditions (English Law most influential) The Roman Senate

King John Signing the Great Charter B. English Law Magna Carta: “Great Charter”, limited kings power for 1st time. Due process and trial by jury English Bill of Rights: Made parliament more powerful than King. England becomes a “Limited/constitutional” Monarchy/a more democratic government. Free Elections King John Signing the Great Charter

C. Enlightenment Thinkers John Locke: English philosopher; Very influential in social contract theory. Rousseau: French philosopher; influential in the idea of the general will, and social contact theory Montesquieu: French Philosopher: credited with the idea of separation of powers (dividing power among different branches of government) John Locke

Patrick Henry addresses the Virginia House of Burgesses D. Colonial Influences Virginia House of Burgesses: First representative assembly in the colonies; first example of self government in the colonies. Mayflower Compact: First example of direct democracy, agreement to rule by consensus. Fundamental Orders of Connecticut: First written constitution in colonies Each colony had an assembly (for making laws) and a governor. Patrick Henry addresses the Virginia House of Burgesses

E. Religious Influences Roger Williams: Founder of Rhode Island, he introduced the concept of separation of church and state (1st) Maryland Act of Toleration: 2nd law of religious tolerance in the colonies. (Catholics) Great Awakening: A Religious revival that played a key role in the development of democratic concepts and helped create a belief in the equality of man

Guaranteed trial By jury (influenced 6th Amendment) 1. Magna Carta -- Clause (39): “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land” Guaranteed trial By jury (influenced 6th Amendment)

Guaranteed due process of law (Influenced the 5th Amendment) 2. Magna Carta -- “To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these.” “To no one will we sell, to no one deny or delay right or justice.” Guaranteed due process of law (Influenced the 5th Amendment)

Established Parliament as the highest authority in Great Britain. 3. English Bill of Rights -- “All which their Majesties are contented and pleased shall be declared, enacted, and established by authority of this present parliament, and shall stand, remain, and be the law of this realm for ever;” Established Parliament as the highest authority in Great Britain. (created 1st ever Limited Monarchy- a form of Democracy)

Made the King subject to Parliament authority. 4. English Bill of Rights -- “That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of parliament, is illegal.” Made the King subject to Parliament authority.

Established free elections in Great Britain 5. English Bill of Rights -- “That election of members of parliament ought to be free.” Established free elections in Great Britain

An example of a social contract 6. Mayflower Compact -- “by virtue hereof to enact, constitute and frame such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the general good of the Colony,” An example of a social contract

7. Fundamental Orders of Connecticut – “It is Ordered, sentenced, and decreed, that there shall be yearly two General Assemblies or Courts” and “Whereof one to be chosen Governor for the year ensuing and until another be chosen, and no other Magistrate to be chosen for more than one year:” Created two of the three branches of government: Legislative and Executive