Jonah Patel
The US Constitution, one of the longest-lived and most emulated constitutions in the world, was influenced by several English documents. The Founding Fathers' reverence for the Magna Carta, for instance, was less to do with the text itself, which is mired in medieval law and outdated customs, and more to do with what it represented: an ancient pact safeguarding individual liberty. The Bill of Rights, the first 10 amendments to the Constitution, was also influenced by the English Bill of Rights, the Petition of Right, and the Massachusetts Body of Liberties.
| Characteristics | Values |
|---|---|
| Magna Carta | Safeguarding individual liberty |
| Petition of Right | N/A |
| English Bill of Rights | N/A |
| Massachusetts Body of Liberties | N/A |
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What You'll Learn
The Magna Carta
The document also provided a certain level of religious freedom or independence from the crown, protected barons from illegal imprisonment, and limited the taxes that the crown could impose upon the barons, among other things. It did not champion the rights of every Englishman, but only those of the barons. However, it was an important step towards the concept of limiting the absolute power of governments or kings who claimed divine rule. The Magna Carta was significant because of the principles it stood for and the ideas it came to represent, rather than its actual text, which was mired in medieval law and outdated customs.
The influence of the Magna Carta on the Founding Fathers was evident in their understanding that in drafting the U.S. Constitution, they were creating a Magna Carta for a new era. The legacy of the Magna Carta is reflected in the Bill of Rights, the first ten amendments to the Constitution ratified by the states in 1791. Specifically, amendments five through seven set ground rules for a fair and speedy jury trial, and the Eighth Amendment prohibits excessive bail and fines, which can be traced back to the 20th clause of the Magna Carta.
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The English Bill of Rights
One of the key provisions of the English Bill of Rights was the establishment of parliamentary sovereignty and the limitation of monarchical power. It asserted that the Crown could not levy taxes or raise a standing army during peacetime without the consent of Parliament, representing a significant shift in power dynamics. The Bill also guaranteed the right of subjects to petition the king and affirmed the importance of free and fair elections, with members of Parliament being chosen by the people.
Furthermore, the English Bill of Rights included provisions to protect individual liberties, such as the prohibition of cruel and unusual punishments and the right to bear arms for self-defence for Protestants. It also addressed issues related to the succession of the Crown and the role of the prince of Orange in safeguarding religion, laws, and liberties. The Bill received royal assent on December 16, 1689, and its principles continue to be relevant in modern times.
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The Petition of Right
Despite being accepted by King Charles as a precondition for receiving subsidies, he later ignored its principles and claimed it was not a legal document. This led to continued disputes between Parliament and the King, with Parliament arguing that the Petition was indeed legally binding. The Petition of Right played a significant role in the wider conflict between Parliament and the monarchy, which ultimately culminated in the 1639-1653 Wars of the Three Kingdoms and the Glorious Revolution of 1688-1689.
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The Massachusetts Body of Liberties
> "The free fruition of such liberties, immunities and privileges as humanity, civility, and Christianity call for as due to every man in his place and proportion without impeachment and infringement hath ever been and ever will be the tranquility and stability of churches and commonwealths."
Some of the rights outlined in the document include:
- No man shall be put to death without the testimony of two or three witnesses.
- Every inhabitant of the country shall have the liberty to search and view any rules, records, or registers of any court or office, except the council.
- No free man shall be compelled to serve on juries above two courts in a year, except grand jury men, who shall hold two courts together at the least.
- All jurors shall be chosen continuously by the freemen of the town where they dwell.
- No inhumane, barbarous, or cruel bodily punishments are allowed.
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The Virginia Declaration of Rights
The Declaration affirms the inherent rights to life, liberty, property, and the pursuit of happiness and safety. It also describes a view of government as the servant of the people, with powers separated into the administration, legislature, and judiciary. The document is notable for prescribing not only legal rights but also outlining the moral principles upon which a government should be run.
Articles 1–3 address the subject of rights and the relationship between the government and the governed. Articles 7–16 propose restrictions on the powers of the government, including the right to be "confronted with the accusers and witnesses, to call for evidence in one's favour, and to a speedy trial by an impartial jury", protections against "cruel and unusual punishments", baseless search and seizure, and guarantees of freedom of the press, freedom of religion, and the right to "bear arms".
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Frequently asked questions
The Bill of Rights was influenced by the Virginia Declaration of Rights, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.
The Magna Carta's influence on the US Constitution was shaped by what eighteenth-century Americans believed it signified. It represented an ancient pact safeguarding individual liberty, and its legacy is reflected in the Bill of Rights, particularly the Fifth and Eighth Amendments.
The English Bill of Rights of 1689 influenced the US Constitution through its incorporation into the Virginia Declaration of Rights, which in turn influenced the amendments to the US Constitution proposed in 1791.
English constitutional principles influenced broader American constitutional principles, including the theory of representative government, the idea of a supreme law, and judicial review.
The Petition of Right, along with other English documents, influenced the Bill of Rights, which was added to the US Constitution to limit government power and protect individual liberties.
![Tudor Constitutional Documents, A. D. 1485-1603, with an Historical Commentary, by J. R. Tanner. 1922 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
