1. The British Origins of American Constitutionalism
Lesson Four
The British Origins of American Constitutionalism

2. How did english government begin?
England was ruled by many tribes led by local Kings
Eventually, tribes were united under one king
The day to day life of the average person did not change
King William (from France) conquered England. He introduced feudalism but adopted and adapted many of the English practices
The King relied on local advisors to incorporate local traditions and practices. These advisors morphed into what became the PARLIAMENT

3. How did parliamentary government begin in england?
Parliament grew from the counsel of local advisors
1295 –The 1st Modern Parliament was formed with two houses
House of Lords – representing the feudal nobles and church officials
House of Commons – composed of 2 knights from each shire, 2 citizens from each city and 2 citizens from each town (with wealth and status)
It became an effective way for the King to collect money and way to negotiate with the various regions of the kingdom
It also became and effective way for English subjects to voice their grievances and to try to limit monarchical power

4. English common law
When William the Conqueror became King, there were different systems of law in England
In an effort to decrease the confusion for the Royal Judges, a system of “COMMON LAW” was instituted and applied by the Judges
Judges had to publish their rulings for other judges to use as a guideline. These were called “PRECEDENTS”.
Stare Decisis - when judges used past decisions to guide their rulings. This created a sense of predictability and stability in the law

5. “Rights of Englishmen” develops
Over the years, British Monarchs and Royal Judges came to recognize that subjects had certain personal rights:
The Right to Trial by a Jury of One’s Peers Under the Law of the Land
Security in One’s Home From Unlawful Entry
Limits on Government’s Power to Tax
1100 – King Henry I – issued a “Charter of Liberties” which bound him to obey certain laws regarding the treatment of nobles and clergy
1215 – Magna Carta – King John forced to sign the “Great Charter”. This charter confirmed laws and extended them to merchants:

6. Magna Carta Rule of Law: Basic Rights:
The Monarch must respect established RULE OF LAW
Every member of society, even rulers, must obey the law
Government could not take action against the governed unless they follow established law
Basic Rights:
Redress of Grievances, or compensation for loss or wrong done to them
Government by Agreement or Compact:
The MAGNA CARTA was between the King and a limited number of citizens. It DID NOT include the majority of the English people
Magna Carta: seeds of later important constitutional rights

7. The british constitution
Not a single document: Common Law, Acts of Parliament, Political Customs and Traditions
The central principle is respect for established rules and procedures “The Rule of Law”
3 Important Documents (all a struggle for power between Parliament and the King)
Magna Carta (1215)
Petition of Rights (1628)
King Charles needed money for wars, without support of Parliament
Parliament forced King to agree to the Petition of Rights
No taxes w/o Parliament’s consent, Citizen’s rights (quartering troops, habeas corpus)
Habeas Corpus Act of 1679 – cannot hold someone in prison without cause
English Bill of Rights (1689)
Limits on King’s power (limit on King’s power to tax; protection of free speech and debate)
2 Important Principles: Rule of Law & Representative Government

8. Activity: p. 32 Get into 4 groups
As a group, read through the section you are assigned
Answer the questions as a group
Compare your answers with other group
Create a Presentation
Explain Key Points
Create a Visual (will be up during test so make them “READABLE”
Present your topic to the class
Explain your topic
Make sure you include all the information in the answers to your questions
Each person in your group should be part of the presentation

9. Groups Group 1 Group 2 Group 3 Group 4 Habeas Corpus – p. 32
(Habeas Corpus) (Habeas Corpus) (Trial by Jury) (Trial by Jury)
Nadia Katrina Keziah Emma
Scott Jordan Nick Joseph
Nathan Ryan Michael Rene
Drew Montoya Ari Garrett
Patricia Quinn Danielle Brittney
Mikel Kyle Jacob Tanner
Habeas Corpus – p. 32
Trial by Jury – p. 33

10. Groups Group One Group Two Group Three Group Four
(HABEAS CORPUS) (TRIAL BY JURY) (HABEAS CORPUS) (TRIAL BY JURY)
Michael David Jeffrey Brett
Mercedes Kristi Catherine Rosamaria
Meghan Ashley Alexis Taylor
Adam Alex Matt Joel
Bridgett Mariah Amanda Kori
Habeas Corpus – p. 32
Trial by Jury – p. 33

11. Quick Review of presentations
Trial By Jury
Habeas Corpus

12. The Magna carta & the Constitution/Wa St constitution
Limited Government Basic Rights Rule of Law Government by Agreement/Consent

13. Review Questions
What is the Magna Carta? How was it created? How did it contribute to the development of constitutional government?
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?
Among the key documents in the struggle for power between king and Parliament were the Petition of Rights, The Habeas Corpus Act and the English Bill of Rights. Explain how and why each contributed to the development of constitutional government in England.
How are the ideas in the Magna Carta, Petition of Rights, and English Bill of Rights related to the Natural Rights philosophy and Classical Republicanism
What rights and other principles of the US Constitution or Washington State’s constitution can you trace back to the MagnaCarta?