Unit 1 Lesson 4: The British Origins of American Constitutionalism (Concepts/Principles)

Review Q6: How are the ideas in the Magna Carta, the Petition of Right, and the English Bill of Rights related to natural rights philosophy and classical republicanism?

Classical republicanism is built around concepts such as civil society, civic virtue and mixedgovernment, while natural rights philosophy stresses rights that are considered to be self-evident and universal. The Magna Carta, the Petition of Right, and the English Bill of Rights allguarantee certain unalienable rights that no government can take away, which relates to naturalrights philosophy. Conversely, the English Bill of Rights sets up a constitutionally limitedmixed government where the people elect their representatives, which is more classical republicanism.

Review Q1: What is the common law of England? Why is it sometimes called "judge-made law"? How did the common law develop?

Common law is simply the part of English law that is derived from custom and judicialprecedent rather than statutes. It is called "judge-made law" because it is law built on priorcases in courts. The Royal Courts of Justice were standardized by William the Conquerer.

Review Q4: One constitutional scholar called the writ of habeas corpus the "greatest guarantee of human freedom ever devised by man." Why is this right so fundamental?

Habeas corpus is a writ requiring a person under arrest to be brought before a judge or intocourt. The reason it is so fundamental is because if a government cannot justify keeping aperson, then they must be released. Thus, government cannot hold a person indefinitely orarbitrarily.

Review Q7: What rights and other principles of government in the U.S. Constitution or in your state's constitution can you trace back to the Magna Carta?

In the U.S. Constitution, one can trace the principle the Founders took from the Magna Carta;they include, but are not limited to, the right of jury trial, protection of private property, limitson taxation, and religious freedoms.

Review Q3: What is the Magna Carta? How was it created? How did it contribute to the development of constitutional government?

The Magna Carta is a charter of liberty and political rights obtained from King John of Englandby his rebellious barons. The Magna Carta established three concepts essential to aconstitutional government: (1) rule of law, (2) basic rights, and (3) contractual government.

Review Q5: Among the key documents in the struggle for power between king and Parliament were the Petition of Right in 1628, the Habeas Corpus Act of 1679, and the English Bill of Rights of 1689. Explain how and why each of these documents contributed to the development of Constitutional government in England.

The Petition of Right established that Englishmen were guaranteed fundamental rights whichcould not be violated by any government. The Habeas Corpus Act of 1697 standardized the writof habeas corpus, meaning that not even the Crown could hold an individual without producing legal papers stating what law they violated. Thus, government could not hold citizens arbitrarilyor indefinitely. The English Bill of Rights of 1698 meant that rule of law was a concreteprinciple in English government, that all Englishmen were guaranteed the right to free speechand debate, and that the people were represented in Parliament, the highest government body.

Review Q2: What is meant by the phrase "rights of Englishmen"? How were these rights established?

The Rights of Englishmen are simply the recognized rights of English subjects. The term refersto a series of documents that were created throughout various stages of English history, such asthe Magna Carta and the Declaration of Right. These were established through centuries of respect.