3. Political Roots from the Magna Carta An Evolution of Rights

4. Before the Battle of Hastings Tribal, Primitive, Limited Protections, Limited Rights Tribal, Primitive, Limited Protections, Limited Rights

5. After the Battle of Hastings Established Feudalism, Contracts, Power Distribution. Established Feudalism, Contracts, Power Distribution.

6. The Battle of Hastings 1066 With the help of the pope, William of Normandy defeats the Anglo-Saxon King Harold Under Danish Rule England Is United Under Feudalism

7. William lays the foundation of a strong monarchy in England: 1. Broke up the largest land holdings. 2. All nobles swore direct allegiance to him. 3. Ordered Census for taxing purposes (Domesday Book) 4. Strengthening the Anglo Saxon Militia System England Looks more like a country than a group of tribes. Government must be created. Locke. What functions of Govt can we see?

8. Feudalism Both a political and economic system where political power and wealth are distributed by land ownership. (characterized by little trade and no money) Both a political and economic system where political power and wealth are distributed by land ownership. (characterized by little trade and no money) Distributions occurred by Contracts, the foundations for Constitutional Law Distributions occurred by Contracts, the foundations for Constitutional Law

9. Two Political Characteristics of Feudal England Contracts Privileges

10. 1.Services (Protection), 2.Homage (homo)- promise of fealty (loyalty or faithfulness) to be the Lord’s Faithful Man The Lord, now a vassal, gave some money, but most important, protection to the king. The King gave the Noble a fief (fee) usually land. In Return the Noble Lord Provides:

11. A Free man who held land (fief) from a lord to whom he paid homage and swore fealty. He owed various services, primarily military services. Land is wealth—there is little trade in medieval society

12. Provides Land and Protection to Peasant Provides horse, food, shelter and a fief Gives a percentage of crops to king. Peasant is legally tied to the land. Gives Protection to King pledging loyalty to fight King serves king and church. Vassal to the Lord

13. Legal protections become part of Common Law Henry II 1154 - 1189 Grandson of William, creates new institutions as privileges or rights of Englishmen.

14. The Rights of Englishmen 1. Trial By Jury 2. Security of one’s home from unlawful Entry 3. No taxation without consent.

15. Other Legal Influences

16. A. Common Law Laws based on custom. Court decisions use custom in defining rules that apply to the entire country

17. (a regularly traveled route) Judges-- prevented the pressure of friendship, bribes threats and influence on Judges B. Circuit Judges

18. C. Jury System Accusers came forward to decide if there was enough evidence to convict. Became the basis of today's Grand Jury.

20. King John Lost Normandy to French King Taxed exorbitantly Nobles force the signing of the Magna Carta.

21. Magna Carta is a charter of ancient liberties guaranteed by a king to his subjects; the Constitution of the United States is the establishment of a government by and for "We the People."

22. …here is a law which is above the King and which even he must not break. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it.

23. Magna Carta & Constitutional Government 1. Those in power must govern according to established rules of law—Due Process

24. Magna Carta & Constitutional Government 2. Established rights of governed could not be violated

25. Magna Carta & Constitutional Government 3. Government should be based on an agreement, or contract, between the people to be ruled. Contract were based on common law.

26. Magna Carta & Constitutional Government 4. no taxation without representation and consent