1. Lesson 2: British Origins of American Constitutionalism
Created by Tom Driscoll
Modified by Jim Davids, Fall 2011 and 2013

2. Lesson 2 Objectives
Explain how rights and representative government developed 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 British Constitution on the development of rights.
- The importance of habeas corpus and trial by jury.

3. Vocabulary Common Law Precedent Stare Decisis Rule of Law
Writ of Habeas Corpus
Plaintiff
Complaint; Answer

4. Introduction 1
J. Adams: Constitution was “the greatest act of national deliberation ever seen.”
GW: “little short of a miracle.”
Oldest written Constitution in world
God’s Providence: Few decades after “First Great Awakening;” shortly before the French Revolution (very, very different)
Effect of Great Awakening: spread of literacy/education; break down of class barriers; new public perspective on gov’t

5. Introduction 2
Organic laws of U.S.: Declaration of Independence, Articles of Confederation; NW Ordinance, and Constitution
Dec of Ind most overtly religious of the 4: “Nature’s God,” “Creator,” “Supreme Judge,” and “Divine Providence.”
Constitution more procedural – “nuts and bolts”

6. Roots of English Government
After fall of the Roman Empire, England divided into tribes
1066 –William the Conquer unites tribes into a single Kingdom and establishes feudalism
English monarch
- Made laws
- Supervised law enforcement
- Heard court cases
- Defended the kingdom

7. Development of “Common Law”
To simplify complicated web of local legal systems, William the Conqueror creates a common law for entire kingdom
Judges required to publish decisions which creates precedent to decide future cases)
This system establishes law predictability and stability

8. The “Rights of Englishmen”
Rights of Englishmen - Over time, monarchs and judges came to recognize certain personal rights (trial by jury of one’s peers)
Magna Carta( p. 657) –King John forced to sign a charter confirming certain traditional rights
- Rule of Law - every member of society (even monarch) must obey laws; outlaws arbitrary gov’t
- Basic Rights - establishes redress of grievances (compensation for loss or wrong done to those if the Crown infringes on their common law rights)

9. 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

10. Important Dates/Events in English History I
1450 – Gutenberg
1485 – End of War of the Roses
1492 – Columbus
1509 – Henry VIII ascends throne – wives
Catherine, Anne, Jane, Anne, Katherine x 2
“Defender of the Faith” to excommunicant
Act of Supremacy (1534)

11. Important Dates/Events in English History II
1517 – Martin Luther – (John Calvin 1530s- 40s) Reformation and Catholic Counter- Reformation
King Edward VI – Prot. briefly
– Mary I – return to Catholicism
– Elizabeth I – middle ground and Spanish Armada
– James VI/I – divine right/$$
– Charles I – Petition of Rights (Cogan at 666), Civil War, Rump Parliament, Regicide

12. Important Dates/Events in English History III
– Oliver Cromwell and the Republic – an Instrument & Humble Pet.
– Richard Cromwell – anarchy
– Charles II – “Merry Monarch” – Habeas Corpus Act (Cogan at 679)
– James II and return to Catholicism
– William & Mary and the Glorious Revolution – Bill of Rights (Cogan at 686)

13. English Bill of Rights Influences on Founders Rule of Law
- Restated 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
1702- Present – House of Hanover
Why is all of this relevant/important?

14. Summary of 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

15. Colonial Constitutionalism 1
History – Roanoke Island (1585, 1587)
Jamestown (1607) – First Charter of Virginia and Dale’s Code
Plymouth – Mayflower Compact (1620 – Cogan at 1) (first social compact in colonies; created by Pilgrims, subset of Puritans who had given up on reforming Church of England; no religious tolerance; drifted off course and outside of land covered by Charter; some thought that no law applied, thus the covenant)

16. Colonial Constitutionalism 2
Fundamental Orders of Connecticut (1639 – Cogan at 669) (1st colonial constitution; drfted by Daniel Ward, Puritan pastor)
Liberties of the Massachusetts Colonie (1641 – Cogan at 669) (Nathaniel Ward, Puritan pastor trained as lawyer)
Frame of Government of Pennsylvania (1682 – Cogan at 6)
Charter of Privileges (Pennsylvania) (1701 – Cogan at 17)

17. Constitutionalism (Dr. Way) 1
Definition of Constitution – “A constitution is the body of law that is the basic, or fundamental, law of a politically organized society. The Constitution is the supreme law of the political society; it is higher than and takes precedence over all other laws of the society. All the other laws, to be valid and enforceable, must be in accord with the higher and superior law of the Constitution. “

18. Constitutionalism 2
Functions: “In a society with a genuinely constitutional political regime, the Constitution (1) provides the legal foundation and basic structure, of the society's government, (2) prescribes the form and procedures of the government, (3) grants certain powers to the government, (4) designates the major organs, or institutions, of government and the method by which the personnel--or top personnel--in each are to be selected,

19. Constitutionalism 3
. . . (5) assigns to each major governmental institution its particular area of authority and responsibility, (6) defines the relationship between the government and the individual citizen as well as the relationships among the principal organs of government, and (7) establishes the metes and bounds of political authority-- i.e., imposes limits on governmental power.”

20. Constitutionalism 4
Definition of Constitutionalism: “Constitutionalism is government conducted in accordance with and within the limits set by the fundamental law of the Constitution [C]onstitutionalism is limited government--limited government under a constitution. A constitutional government is one whose powers are effectively limited by law--limited by the fundamental law of the Constitution.

21. Constitutionalism 5
. . . To be genuinely constitutional in character, a government must comply with two fundamental legal requirements: (1) The government must operate in accord with the provisions of the Constitution. (2) The government must not exceed the authority granted to it by the Constitution. The essential features of constitutionalism are the government's compliance with these two basic legal requirements.