DemocracyDemocracyEnglandEngland

Magna CartaMagna Carta

Divine RightDivine Right

Glorious RevolutionGlorious Revolution

Daily Response• Why do we have separate

state and national laws? • Why not just have state laws?

Why not just have national laws?

Democracy: EnglandDemocracy: EnglandI. I. King Henry II (c. 1170)King Henry II (c. 1170)• GoalsGoals

– Expand power of royal cts: circuit judgesExpand power of royal cts: circuit judges– Body of Body of commoncommon law law (used by (used by wholewhole country) country)

• Replaced different law codes that varied from place Replaced different law codes that varied from place to placeto place

• Q: Why does the U.S. have state and national laws? Q: Why does the U.S. have state and national laws? Adv’s Disadv’s?Adv’s Disadv’s?

– JuryJury• Men who came before a royal judge to accuse Men who came before a royal judge to accuse

someone of breaking the lawsomeone of breaking the law• DID NOT decide guilt or innocenceDID NOT decide guilt or innocence• (Later: Petit Jury decided guilt or innocence)(Later: Petit Jury decided guilt or innocence)

Democracy: EnglandDemocracy: EnglandII. Magna CartaII. Magna Carta

1.1. King JohnKing John signed under pressure of signed under pressure of nobles (1215)nobles (1215)

• Nobles resented growth of king’s powerNobles resented growth of king’s power

2.2. Grants privileges & lib’sGrants privileges & lib’s• John put seal on itJohn put seal on it• ““Great Charter”Great Charter”• Feudal documentFeudal document

– Nobility Nobility >> Commoners Commoners

• MutualMutual obligations & rights obligations & rights• Monarchy NOT absoluteMonarchy NOT absolute

… … Many believe it Many believe it led to the first 10 led to the first 10 amendments of amendments of the U.S. the U.S. Constitution Constitution

Democracy: EnglandDemocracy: EnglandIII. Why?A. Excessive mil. Service or big payments in

lieu of itB. Sold offices, favored friends, extorted

money• What is this called today?CC old taxes, imposed new ones, w/o

consent of vassals (vassals??)D. Showed little respect for feudal lawsE. Used royal cts to his advantageF. Bad relations w/ church - clergy feared &

distrusted him** Thus, John alienated kingdom

Democracy: EnglandDemocracy: EnglandIV. What? Feudal charterA. Guaranteed feudal law (rts of landlords)B. Granted Church trad. freedom & privilegesC. Middle class: a few rts, helped little

economicallyD. Peasants & ordinary freemen: hardly mentioned… so what does this all mean?V. Ideas FoundedA. Vassals met for advice and consentB. Extraordinary taxes approved by vassalsC. No one can be arrested, etc., w/o justice in ct &

according to law (**due process)D. Forced king to agree that he had to follow law

(equality)

Deomcracy: EnglandDeomcracy: England3.3. ParliamentParliament• King Edward I created itKing Edward I created it• Rights of Parl.Rights of Parl.

– Passed lawsPassed laws– Granted taxesGranted taxes– Discussed politicsDiscussed politics

• ““No free man shall be arrested or imprisoned No free man shall be arrested or imprisoned except by lawful judgment of his peers or by the except by lawful judgment of his peers or by the law of the land.”law of the land.”

• The 5th amendment to the Constitution of the The 5th amendment to the Constitution of the U.S. est’d this protection w/ the words: “Nor shall U.S. est’d this protection w/ the words: “Nor shall [any person] be deprived of life, liberty, or [any person] be deprived of life, liberty, or property w/o due process of law.”property w/o due process of law.”

Democracy: EnglandDemocracy: England

Think & DiscussThink & Discuss• How was the growth of power within How was the growth of power within

the English Parliament an important the English Parliament an important development in the history of development in the history of government for the United States?government for the United States?

Democracy: EnglandDemocracy: EnglandEnglish Bill of RightsEnglish Bill of RightsA.A. Parl. can:Parl. can:

1.1. Make LawsMake Laws2.2. Levy TaxesLevy Taxes3.3. **Freely Elected**Freely Elected

B.B. King can:King can:1.1. Oppose ParliamentOppose Parliament2.2. Do w/o Parl.Do w/o Parl.

C.C. Citizens can:Citizens can:1.1. Arm themselvesArm themselves2.2. Rt to trial by juryRt to trial by jury

D.D. Creates:Creates:1.1. Ltd. Const’l MonarchyLtd. Const’l Monarchy2.2. Eliminates “Divine Right” TheoryEliminates “Divine Right” Theory