Democracy England Magna Carta Divine Right Glorious Revolution

Daily Response Why do we have separate state and national laws? Why not just have state laws? Why not just have national laws?

Democracy: England I. King Henry II (c. 1170) GoalsGoals –Expand power of royal cts: circuit judges –Body of common law (used by whole country) Replaced different law codes that varied from place to placeReplaced different law codes that varied from place to place Q: Why does the U.S. have state and national laws? Adv’s Disadv’s?Q: Why does the U.S. have state and national laws? Adv’s Disadv’s? –Jury Men who came before a royal judge to accuse someone of breaking the lawMen who came before a royal judge to accuse someone of breaking the law DID NOT decide guilt or innocenceDID NOT decide guilt or innocence (Later: Petit Jury decided guilt or innocence)(Later: Petit Jury decided guilt or innocence)

Democracy: England II. Magna Carta 1.King John signed under pressure of nobles (1215) Nobles resented growth of king’s powerNobles resented growth of king’s power 2.Grants privileges & lib’s John put seal on itJohn put seal on it “Great Charter”“Great Charter” Feudal documentFeudal document –Nobility > Commoners Mutual obligations & rightsMutual obligations & rights Monarchy NOT absoluteMonarchy NOT absolute … Many believe it led to the first 10 amendments of the U.S. Constitution

Democracy: England III. Why? A.Excessive mil. Service or big payments in lieu of it B.Sold offices, favored friends, extorted money What is this called today? C.  old taxes, imposed new ones, w/o consent of vassals (vassals??) D.Showed little respect for feudal laws E.Used royal cts to his advantage F.Bad relations w/ church - clergy feared & distrusted him ** Thus, John alienated kingdom

Democracy: England IV. What? Feudal charter A.Guaranteed feudal law (rts of landlords) B.Granted Church trad. freedom & privileges C.Middle class: a few rts, helped little economically D.Peasants & ordinary freemen: hardly mentioned … so what does this all mean? V. Ideas Founded A.Vassals met for advice and consent B.Extraordinary taxes approved by vassals C.No one can be arrested, etc., w/o justice in ct & according to law (**due process) D.Forced king to agree that he had to follow law (equality)

Deomcracy: England 3. Parliament King Edward I created itKing Edward I created it Rights of Parl.Rights of Parl. –Passed laws –Granted taxes –Discussed politics “No free man shall be arrested or imprisoned except by lawful judgment of his peers or by the law of the land.”“No free man shall be arrested or imprisoned except by lawful judgment of his peers or by the law of the land.” The 5th amendment to the Constitution of the U.S. est’d this protection w/ the words: “Nor shall [any person] be deprived of life, liberty, or property w/o due process of law.”The 5th amendment to the Constitution of the U.S. est’d this protection w/ the words: “Nor shall [any person] be deprived of life, liberty, or property w/o due process of law.”

Democracy: England Think & Discuss How was the growth of power within the English Parliament an important development in the history of government for the United States?How was the growth of power within the English Parliament an important development in the history of government for the United States?

Democracy: England English Bill of Rights A. Parl. can: 1. Make Laws 2. Levy Taxes 3. **Freely Elected B. King can: 1. Oppose Parliament 2. Do w/o Parl. C. Citizens can: 1. Arm themselves 2. Rt to trial by jury D. Creates: 1. Ltd. Const’l Monarchy 2. Eliminates “Divine Right” Theory