History of North America

How did the Magna Carta English Bill of Rights and Petition influence writers Constitution?

Magna Carta (1215)

* Established the principle that the king was subject to the law and that no one was above the law.

* Provided for due process of law and the right to a fair trial.

* Guaranteed the right to property.

English Bill of Rights (1689)

* Affirmed the rights of Parliament to pass laws and the monarch's duty to observe them.

* Instituted freedom of speech in Parliament.

* Guaranteed the right to petition the government for redress of grievances.

* Established the principle of habeas corpus, which protects individuals from unlawful imprisonment.

Petition of Right (1628)

* Reaffirmed the rights established in the Magna Carta and the English Bill of Rights.

* Strengthened the principle of due process of law and the right to a fair trial.

* Prohibited the use of torture or other cruel and unusual punishment.

Influence on the U.S. Constitution

The principles established in the Magna Carta, English Bill of Rights, and Petition of Right were influential in the drafting of the U.S. Constitution. These documents provided a foundation for the separation of powers, checks and balances, and the protection of individual rights that are essential features of the American system of government.

Specifically, the Magna Carta influenced the Due Process Clause of the Fifth and Fourteenth Amendments, which prohibits the government from depriving individuals of life, liberty, or property without due process of law. The English Bill of Rights influenced the First Amendment's guarantee of freedom of speech and the right to petition the government. The Petition of Right influenced the Eighth Amendment's prohibition on cruel and unusual punishment.

These three documents played a vital role in shaping the ideas of individual liberty and limited government that are at the heart of the U.S. Constitution.