Influences on the American Government

Our European Heritage

The Magna Carta

The English Magna Carta(Background)

For centuries, England was ruled by a monarch – a king or queen

However, Monarchs had very little power as part of the Feudal System

The real power lay with the nobles on the manor

The monarch gave a powerful noble class ownership and control of land in

exchange for loyalty, tax payments, & military support

King John (1199) treated the nobles harshly & they rebelled

John was forced to sign the Magna Carta in 1215

Magna Carta:Latin for the “Great Charter”

Magna Carta was written on parchment in 1350!

Magna Carta(the significance)

• It protected noble privileges & upheld their authority

• It granted rights to all landowners

• Rights included equal treatment under the law and trial by one’s peers

It was a contract that limited the monarch’s power by guaranteeing that no

one, not even the king or queen, is above the law

The Magna Carta helped establish the principle of Rule of Law

The English Parliament

The word Parliament comes from the French and means a “talk” or “parley” –

a conference of any kind

The Model Parliament of Edward I(1295)

Included all classes of the kingdom: barons, higher clergy, knights, burgesses,

and lower clergy

Initially, it was set up to advise the monarch

The English Parliament

By the late 1300’s, Parliament had developed into a law-making body

Conflict between the Crown and Parliament

The Tudor monarchs cooperated well with Parliament

Elizabeth’s death (1603) ended Tudor rule and the Stuart dynasty takes over

The Stuarts were unpopular monarchs

James I does not get along well with Parliament

Charles I, James son, disbanded Parliament & ruled for 11 years without it

Needing money, Charles I recalled Parliament

Parliament made demands on Charles I and then Civil War breaks out

The English Civil War(1642 – 49)

Roundheads – supported Parliament

Cavaliers – supported the monarch

Most members of Parliament were Puritans

(Protestant Christians who opposed the Church of England as too Catholic)

The English Civil War is also known as the Puritan Revolution

Parliamentary troops, led by Oliver Cromwell, defeated the king’s armies

King I Charles Stuart is put on trial for treason

Charles I is found guilty and is beheaded

The monarchy is over

(for the time-being)

Oliver Cromwell, a very strict Puritan, took over and ruled as military dictator for

ten years

Cromwell rules England as “Lord Protector”

(Cromwell is not too popular)

This period of English history is known as The Protectorate

(1649 – 1660)

After Cromwell died, his son Richard took over and had trouble maintaining control

He was forced out and II Charles Stuart, the son of Charles I, was asked to return

to England to rule as a monarch

The Restoration(1660 – 1688)

Charles II took over in 1660 and the monarchy was restored (“restoration”)

The “Restoration” is the return of the monarchy in England

(1660 – 1668)

Charles II cooperated pretty well with Parliament and ruled for 25 years

After Charles II died in 1685, James II, the brother of Charles II, took over the

throne in 1685

James II immediately had clashes with Parliament

The Glorious Revolution(1689)

When James II raised his son openly as a Catholic (in violation of English law),

James II was forced out in a relatively bloodless revolution

(1688)

Parliament asked William & Mary (of the Netherlands) to come to England

to rule jointly

But, William and Mary had to agree to the English Bill of Rights

The English Bill of Rights put limits on the monarch’s power and made Parliament supreme

The English Bill of Rights stated that the monarch could not suspend Parliament

It also stated that the monarch could not create special courts, impose taxes,

or raise an army without Parliament’s consent

It also declared that members of Parliament would be freely elected and

be guaranteed free speech during meetings

The Bill of Rights also guaranteed that every citizen would have the right to a fair

trial by jury in court cases

The English Bill of Rights also banned cruel and unusual punishments

The English Bill of Rights established a Limited Constitutional Monarchy

(what England has today)

The writing and signing of the English Bill of Rights in 1689 is known as the

Glorious Revolution

Many of the English Bill of Rights have been written into the

United States Constitution

English Common Law

Early on, England had no written laws except rules to live by established

by tradition

As a system of courts arose, the courts’ decisions

became the basis of a body of law

When judges were asked to decide a case, they would look for a precedent, or a ruling in an earlier case that was similar

This system of judge-made law based on precedent and custom is called

Common Law

Judges are bound by precedent

If a judge rules against a precedent, his decision will be overturned on appeal

We, too, have a system of Common law –

judge-made law based upon precedent

We also have Statutory law –

laws written by legislative bodies

European Absolutism(1600s)

Britain’s limited constitution monarchy contrasted with Absolutism on the

European continent

Louis XIV, the king of France, embodied the greatest period of Absolutism

Most absolute monarchs thought they received their power to rule from God

This is called the Divine Right theory

Others, like Thomas Hobbes, defended absolutism to avoid the state of nature

In an absolutist society, the ruler has unlimited authority and is not checked

by any one

The people are viewed as subjects with no rights

The monarch can do whatever he pleases

In this view, the monarch is above the law

The Enlightenment(1700s)

Leading writers during the 1700s began to challenge Absolutism and the Divine

Right theory of government

These writers were called philosophes

They thought that government received its power from the people

This idea is called Popular Sovereignty

They also thought that the people have the right to revolt against

unjust/tyrannical government

This is called Popular Revolution

A new idea of government emerged – the Contract Theory or government

In this view of government, the people are citizens who have inalienable rights

(rights that cannot be taken away)

In this view, the people and the government enter into a contract:

The people willingly empower the government in return for protection

of natural rights

What are these rights?

• “Life, liberty, & property” – John Locke

• “Life, liberty, & the pursuit of happiness.” – Thomas Jefferson

• “Liberty, property, security, and resistance to oppression.” – The Declaration of Rights of Man & Citizen (French Revolution)

This is called Natural Rights theory

Other Enlightenment ideas

These writers also wrote about separating power into three branches

of government

They believed that these three branches of government should check and balance

the others

Our Founding Fathers read many of their works

John Locke: Two Treatises on Government

(Natural Right theory & Popular Revolution)

Jean Jaque Rousseau: The Social Contract

(Popular Sovereignty & Popular Revolution)

Baron de Montesquie: Spirit of the Laws

(three branches of government / separation of powers / checks & balances)