Honors American Government Bradberry
Foundations of American Government (3 Docs)
Directions: Read the excerpts below and highlight sections that refer to protections that we have in the United States.
Standard: SSCG1 The student will demonstrate knowledge of the political philosophies that shaped the development of United States constitutional government. a. Analyze key ideas of limited government and the rule of law as seen in the Magna Carta, the Petition of Rights, and the English Bill of Rights.
Lesson EQ: Why should government power be limited?
The Magna Carta, 1215
1. The English Church shall be free, and shall have her rights entire, and her liberties inviolate [sacred] …
13. The city of London shall have all its ancient liberties and free customs … furthermore… all other cities, boroughs, towns, and ports shall have all their liberties and free customs …
20. A freeman shall not be amerced [to punish with a fine] for a slight offense, except in accordance with the degree of the offense; and for a grave [very serious] offense he shall be amerced in accordance with the gravity of the offense …
28. No constable or other bailiff of ours shall take corn or other provisions from anyone without immediately tendering money therefore, unless he can have postponement thereof by permission of the seller …
39. No freeman shall be taken or imprisoned or diseased or exiled or in any way destroyed … except by the lawful judgment of his peers or by the law of the land …
40. To no one will we sell, to no one will we refuse or delay, right or justice …
42. It shall be lawful in future for anyone (excepting those imprisoned or outlawed in accordance with the law of the kingdom…) to leave our kingdom and to return …
The Petition of Right (1628)
To the King’s Most Excellent Majesty,
… your subjects have inherited this freedom, that they should not be compelled to contribute to any tax … or other charge not set by common consent, in parliament.
And whereas also by the statute called “The Great Charter of the Liberties of England”, it is declared and enacted that no freeman may be taken or imprisoned or be disseized [deprived] of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.
… no man, of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disinherited nor put to death without being brought to answer by due process of law.
… your subjects have of late been imprisoned without any cause showed; and when for their deliverance they were brought before your justices by your Majesty’s writs of habeas corpus … no cause was certified, but that they were detained by your Majesty’s special command … and yet were returned back to several prisons, without being charged with anything to which they might make answer according to the law.
… inhabitants against their wills have been compelled to receive soldiers into their houses, and there to suffer them to sojourn [stay] against the laws and customs of this realm, and to the great grievance and vexation [harassment] of the people.
… no man ought to be adjudged to death but by the laws established in this your realm, [with] punishments to be inflicted by the laws and statutes of this your realm …
English Bill of Rights, 1689
The pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal …
It is the right of the subjects to petition [address in writing] the king, and all commitments and prosecutions for such petitioning are illegal …
The raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against the law …
The subjects which are Protestants may have arms for their defense suitable to their conditions and as allowed by law …
Election of members of Parliament ought to be free …
Freedom of speech and debates or proceedings in Parliament ought not to be impeached [challenged] or questioned in any court or place out of Parliament …
Excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted …
Jurors ought to be duly impaneled [assembled] and returned …
And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently …