167,496 views
23 votes
23 votes
Which part of the Magna Carta is reflected in the US Constitution?

FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections—a right reckoned to be of the greatest necessity and importance to it—and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.

TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs forever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs: No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.

A) before the outbreak of the present dispute between us and our barons
B) This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity
C) to have and to keep for them and their heirs, of us and our heirs
D) except by the lawful judgment of his equals or by the law of the land.

User KnowledgeBone
by
2.8k points

1 Answer

18 votes
18 votes

Answer:

D) except by the lawful judgment of his equals or by the law of the land.

Step-by-step explanation:

Where does it say in the Constitution that everyone is equal?

The 14th makes everyone born in the United States a citizen, entitled to equal protection in every state. “No State shall... deny to any person the equal protection of the laws.”

It states that: 'No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. '

Other info

3. The Magna Carta guaranteed that the king could not impose new taxes without permission from a council.

1. English barons and church leaders wrote the Magna Carta because they could no longer tolerate King John's abuses of their traditional rights.

Another way to rephrase the first one is;

Among the many restrictions placed upon the King by the Nobles was the idea that the king could not impose taxes without the approval of the “common counsel” of the Kingdom:

The committee of Twenty Five were a group of barons in the forefront of the opposition to King John who were entrusted by the terms of clause 61 of Magna Carta to ensure the king’s compliance with its terms.

The church clergy that helped were Cathedral churches in Salisbury and Lincoln.

Explanation:

Justice

King John’s father, Henry II (r. 1154–89), introduced extensive judicial reforms, established the authority of the royal courts and laid firm foundations for the future system of justice in England. In contrast, John regularly abused the justice system to suppress his opponents and to extort revenue from the barons. The justice system and feudal law were two of the main themes addressed in Magna Carta, and the most famous clause dealt with justice:

No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

The barons ensured that numerous other clauses in Magna Carta defined in more detail how the justice system and its officials were to operate. These clauses sought to remedy specific abuses by the king and to make the system more consistent, accessible and fair.

Influences concerning US Constitution.

Several ideas in the Constitution were new. These were associated with the combination of consolidated government along with federal relationships with constituent states.

The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.

Among the most prominent political theorists of the late eighteenth century were William Blackstone, John Locke, and Montesquieu.

British political philosopher John Locke following the Glorious Revolution (1688) was a major influence expanding on the contract theory of government advanced by Thomas Hobbes. Locke advanced the principle of consent of the governed in his Two Treatises of Government. Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty and property.

Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78. Jefferson, Adams, and Mason were known to read Montesquieu.[44] Supreme Court Justices, the ultimate interpreters of the Constitution, have cited Montesquieu throughout the Court's history.[45] (See, e.g., Green v. Biddle, 21 U.S. 1, 1, 36 (1823).United States v. Wood, 39 U.S. 430, 438 (1840).Myers v. United States, 272 U.S. 52, 116 (1926).Nixon v. Administrator of General Services, 433 U.S. 425, 442 (1977).Bank Markazi v. Peterson, 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized the need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius's 2nd century BC treatise on the checks and balances of the Roman Republic). In his The Spirit of the Laws, Montesquieu argues that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial.

The constitution was a federal one, and was influenced by the study of other federations, both ancient and extant.

User FlavorScape
by
2.8k points