Lesson 4: What Were the British Origins of American Constitutionalism?

Lesson 4 Purpose This lesson describes the evolution of British constitutional government. It examines the early stages of English government in the feudal period. It also traces the development of representative institutions in Enl=gland, English common law, the relationship between legal ad constitutional structures, and the difference between British and American constitutionalism.

Lesson 4 Objectives Explain how rights and representative government evolved in England and how this evolution influenced the Founders. Identify the origins of some of Americans’ most important constitutional rights. Evaluate, take, and defend positions on The influence of the Magna Carta on the development of rights. The importance of habeas corpus and trial by jury.

Lesson 4 Term & Concepts Common Law Magna Carta Precedent The body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions. Constitutes the basis of the English legal system and became part of American law, except in Louisiana, which inherited its civil law system from France. Magna Carta King John of England agreed to this document in 1215… The Magna Carta granted certain civil rights and liberties to English nobles and to all "freemen," such as the right to a jury of one's peers and the guarantee against loss of life, liberty, or property except in accordance with law. Some rights were guaranteed for all the king's subjects, free or not free. In doing so, the Magna Carta limited the power of the king, who agreed that his will could be bounded by law, and became a landmark in the history of constitutional government Precedent Previous court decisions upon which legal issues are decided. Redress of Grievances The correction of complaints. The First Amendment protects the right of the people to petition government to obtain remedies for claimed wrongs.

Lesson 4 Terms & Concepts (Continued) Rights of Englishmen Refers to certain historically established rights, beginning with the rights of the Magna Carta, that all English subjects were understood to have. These included the right not to be kept in prison without a trial, the right to trial by jury, security in one's home from unlawful entry, and no taxation without consent, among others. Rule of Law The principle that both those who govern and those who are governed must obey the law and are subject to the same laws. This principle is contrasted to the "rule of men," in which those in power make up the rules as they please. The rule of law requires an independent judiciary that is immune from political or other manipulation. Stare Decisis Latin: "Let the precedent (decision) stand." The doctrine that a court should follow the previous decisions of other courts on cases in which the facts are substantially the same. This principle plays a key role in common law systems such as those of Britain and the United States. Writ of Habeas Corpus Latin: "You shall/should have the body." A court order directing that a prisoner be brought to court before a judge to determine whether that prisoner's detention is lawful.

Roots of English Government After fall of Roman Empire, England divided into tribes 1066 – William the Conquer unites tribes into a single Kingdom. (Establishes Feudalism) English monarch Made laws Supervised law enforcement Heard court cases Defended the kingdom The kings advisers evolved into Parliament & the Royal court

Parliamentary Government Begins 1295 - Edward I summons “Model Parliament” 2 Representative Parts (Houses) House of Lords: Nobility & Church officials House of Commons: Citizens & Knights (w/ wealth & status) For monarchs, Parliament was a convenient way to negotiate with all of the country’s interests at once English subjects found it to be an effective way to voice grievances & limit monarchs power

The Development of “Common Law” William the Conqueror creates a common law for entire kingdom Judges must publish decisions (creates precedents) This system gives predictability and stability to laws

The “Rights of Englishmen” Magna Carta (1215) – King John signs a charter that confirmed certain traditional rights Rule of Law Every member of society (even Monarch) must obey laws Outlaws arbitrary government Basic Rights Establishes compensation for loss or wrong done to those if the Crown infringes on their common law rights Government by Contract Established principle of drawing up agreements between parties as a basis for legitimate government (Magna Carta)

The British Constitution Not a single document, instead consists of common law, important acts of Parliament, and tradition. Important documents include Magna Carta (1215), Petition of Right (1628), English Bill of Rights (1689). Habeas Corpus established Government must justify why a person is held in custody. Limits government from jailing persons arbitrarily or indefinitely

English Bill of Rights Influences on Founders Rule of Law Restate idea in Magna Carta that rule of law is the foundation of limited government Representative Government Only representative government is legitimate Americans reject representation by social classes, instead favoring the idea of social equality

Lesson 5:     What Basic Ideas about Rights and Constitutional Government Did Colonial Americans Hold?

Lesson 5 Purpose This lesson describes how basic ideas of Constitutional government were developed and used in the American colonies before independence. It also explains how social and economic conditions in America sometimes required old ideas about government to be adapted or discarded. Occasionally the colonists needed to create entirely new institutions.

Lesson 5 Terms & Concepts Charter A written document from a government or ruler that grants certain rights to an individual, group, organization, or to people in general. In colonial times, a charter granted land to a person or company along with the right to found a colony on that land. Constituent A person represented by an elected official. Covenant A binding agreement made by two or more persons or parties. In Protestant churches during the Reformation, a covenant was an agreement made in the sight of God. The Mayflower Compact was such a covenant. Indentured Servant A person who voluntarily sold his or her labor for a set period of time in return for the cost of passage to the American colonies. Indentured servants provided the most important source of labor in the colonies in the seventeenth century and for a large part of the eighteenth century.

Lesson 5 Terms & Concepts (Continued) Magistrate A lower-level judicial officer, usually elected in urban areas, who handles traffic violations, minor criminal offenses, and civil suits involving small amounts of money. More generally, magistrate means public official. Mayflower Compact An agreement to form a political body signed on November 21, 1620, by all adult males aboard the Mayflower before the ship landed in Plymouth, Massachusetts. The signers agreed to submit to "just and equal Laws" put into effect under the compact "for the general good of the Colony." Suffrage The right to vote.

Lesson 5 Objectives Describe the early development of America’s traditions of constitutional government. Explain why American colonists attached special importance to such constitutional principles as written guarantees of basic rights and representative government. Evaluate, take, and defend position on The differences between life in colonial American and in England during the same period. The relationship between natural rights theory and slavery in America How natural rights philosophy and history help to explain the colonists’ views of the proper role of government.

Colonial Settlements = Constitutional Experiments England provided two incentive plans for settlers Royal Proprietorship (11 of 13 colonies) Land given to friends of the king Proprietors then found ways to lure settlers to their colony Joint-Stock Company (Virginia) Land given to companies in order to generate profits (business) Mayflower Compact Pilgrims lay foundation for Massachusetts gov’t Early example of social contract theory

The Unique American Experience Higher wages and more land available Colonists ignore many English land customs (primogeniture: land passed down to eldest son) Wealth & family name did not mean automatic success. Ambition & hard work as, if not more, important. The chance to improve one’s life became a fundamental ideal of America.

The Rights of Colonial Charters Many royal charters (written document that grants rights) echo ideals of Magna Carta Tradition of expressing rights in writing became an essential part of American constitutions Examples of rights granted Habeas Corpus Trial by Jury Right to own property Avoid self-incrimination Free from cruel & unusual punishment

Whose Rights Were Excluded? In some colonies the following rights were restricted Only Protestant White Men can vote Women not granted political rights ½ to 2/3 immigrants were indentured servants (similar to slavery until period of indenture ended) Native Americans treated as foreigners, often removed from land African slavery 1760 - 20% of population Treated as property, denied basic human rights

Colonial Ideas of Constitutional Gov’t Fundamental Rights Started as fundamental rights of Englishmen Developed into protections under natural rights philosophy Rule of Law Government official must obey the laws and could not exercise power arbitrarily Separation of Powers Legislatures – Make laws Governors - Enforce laws Courts – Interpret laws

Colonial Governments: More Representative Than Britain? Property requirements for voting Land in American relatively easily to obtain, so % of eligible voters larger than in England Colonial legislatures served shorter terms, meaning more voter choice Members of colonial legislatures needed to live in the district they represented, unlike England