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Magna carta
 

Magna carta

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Cj 105

Cj 105

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    Magna carta Magna carta Document Transcript

    • Running head: Magna Carta and the U.S. Constitution<br />Essay about Magna Carta and the Contributions it Made to the U.S. Constitution<br />Patricia Pryor<br />Kaplan University<br />CJ 105<br />Professor Zatz<br />Abstract<br />When trying to understand the history of the United States and criminal law, you must understand the United States Constitution. The United States Constitution drew much of the beliefs of rights for the people from the Magna Carta. Americans claimed the right to trial by jury and no taxation without representation because Magna Carta gave them those rights. It is the source of many of our most fundamental concepts of law. The very concept of a written constitution stems from Magna Carta.<br />Magna Carta and the Contributions it made to the United States Constitution<br />In American history, the rights associated with the Magna Carta have been noted as one of the most influential documents in regards to American freedoms, guarantees, and fairness. Since, the Magna Carta had many of the belief that the American colonies found important a lot of those ideas were developed and implemented in the U.S. Constitution. The founding founders drew from the Magna Carta and took many of the same rights to represent all; the rights to a jury trial, protection of a private property, limits on taxation and some religious freedoms. This essay will discuss the evolutionary concepts from the Magna Carta, to the creation of the U.S. Constitution. <br />Magna Carta was created in England the year of 1215 where the King was forced to sign it. It was never really considered a constitution or the framework of a government, but it did address important issues like grievances of the baron merchants and church officials. The regulations stated on the Magna Carta helped to restrict power and protect the people’s liberties. The Magna Carta helped make it so that no one was above the law and that everyone was allowed certain rights. This document allowed common liberties and was one the founding principles of the American Colonies. There is not a doubt that the Magna Carta resonated throughout a lot of the U.S. Constitution. A major contribution the Magna Carta made was the fact that no one shall be proceeded against or prosecuted except by the law of the land. The Magna Carta law of the land is what created the concept of due process of law in the 14th and 15th Amendments to the Constitution which refer to the law of the land, when it declares that, no one is to be deprived of life, liberty, or property without due process of law. The Magna Carta was a very important document and without a doubt helped shape the U.S. Constitution and the American Colonies. These common liberties found in the Magna Carta would be what created the American Constitution by adopting the English system and adaption it to new circumstances. Magna Carta placed America on the road to having a written Constitution.<br />The U.S. Constitution has many fundamental concepts of liberties that started from the Magna Carta, not only did the Magna Carta help shape England, it gave the founding fathers of America a backbone in which to create and refine a document similar in many ways to what they already knew. They took those ideas and transplanted them into a Constitution. The ideas that were taken from the Magna Carta grew very important in the many years that have passed since the signing of the document. Many decisions in the United States can be traced from the ideas taken by the Magna Carta. We are in no doubt dependent on the Magna Carta for our understanding of due process of law, trial by jury of one's peers, the importance of a speedy and unbiased trial, and protection against excessive bail or fines or cruel and unusual punishment. <br />The Constitution also followed in the footsteps of the Magna Carta by stating a U.S. Constitution supremacy clause: the constitution and all laws made in pursuance thereof shall be the supreme law of the land. This is the same thing stated in the Magna Carta when is states “it shall be Holden for none.” The Constitution does give the impression that it emerged as a super statue and it is to be used as a way to measure all other laws created. Undoubtedly the Magna Carta impacted the ideas of the U.S. Constitution especially in the 13th, 14th, and 15th Amendments. Who knows where the United States political and judicial laws would be like if the important Magna Carta was never there to be used as a great source of information in which the founding fathers could use to help create the document that holds the key for the freedoms so many cherish in the United States. <br />References<br />www.archives.gove/exhibits/fetured_documents/magna_carta, Retrieved on November 11, 2009<br />www.edsitement.neh.gov, Retrieved on November 11, 2009<br />