Explanation:
The Magna Carta, meaning “Great Charter,” is one of the most influential political documents ever written: it is seen by many modern political scientists as the fundamental document for many of the governing laws of the west, including the United States. Originally issued in 1215 by King John of England as a way of dealing with his own political crisis, the Magna Carta was the first governmental decree establishing the principle that all people—including the king—were equally subject to the law.
Key Document in U.S. Political Foundations
In particular, the Magna Carta had a significant impact on the American Declaration of Independence, the U.S. Constitution, and the constitutions of various U.S. states. Its influence is also reflected in the beliefs held by eighteenth-century Americans that the Magna Carta affirmed their rights against oppressive rulers. In keeping with colonial Americans' general distrust of sovereign authority, most early state constitutions included declarations of rights retained by individual citizens and lists of protections of those citizens from the powers of the state government. Due in part to this conviction to individual liberty first embodied in the Magna Carta, the newly-formed United States also adopted the Bill of Rights.
The American Bill of Rights
Several of the natural rights and legal protections enumerated in both the state declarations of rights and the United States Bill of Rights descend from rights protected by Magna Carta. A few of these include:
Freedom from unlawful searches and seizures
The right to a speedy trial
A right to a jury trial in both criminal and civil cases
Protection from loss of life, liberty, or property without due process of law
The exact phrase from the 1215 Magna Carta referring to “due process of law” is in Latin, but there are various translations. The British Library translation reads: “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.”
In addition, many broader constitutional principles and doctrines have their roots in America’s eighteenth-century interpretation of the Magna Carta, such as the theory of representative government, the idea of a supreme law, a government based on a clear separation of powers, and the doctrine of judicial review of legislative and executive acts.
Journal of the Continental Congress
Evidence of the influence of the Magna Carta on the American system of government can be found in several key documents, including the Journal of the Continental Congress, which is the official record kept of the Congress's deliberations between May 10, 1775, and March 2, 1789. In September and October 1774, the delegates to the first Continental Congress drafted a Declaration of Rights and Grievances, in which the colonists demanded the same liberties guaranteed to them under “the principles of the English constitution, and the several charters or compacts.”
They demanded self-government, freedom from taxation without representation, the right to a trial by a jury of their own countrymen, and their enjoyment of “life, liberty, and property” free from interference from the English crown.
The Federalist Papers
Written by James Madison, Alexander Hamilton, and John Jay, and published anonymously between October 1787 and May 1788, the Federalist Papers were a series of eighty-five articles intended to build support for the adoption of the U.S. Constitution. Despite the widespread adoption of declarations of individual rights in state constitutions, several members of the Constitutional Convention generally opposed adding a bill of rights to the federal Constitution.
In Federalist No. 84, published during the summer of 1788, Hamilton argued against the inclusion of a bill of rights, stating: “Here, in strictness, the people surrender nothing; and as they retain everything they have no need of particular reservations.” In the end, however, the Anti-Federalists prevailed and the Bill of Rights—based largely on the Magna Carta—was appended to the Constitution in order to secure its final ratification by the states.
The Bill of Rights as Proposed
As originally proposed to Congress in 1791, there were twelve amendments to the constitution. These were strongly influenced by the state of Virginia’s Declaration of Rights of 1776, which in turn incorporated a number of the protections of the Magna Carta.
As a ratified document, the Bill of Rights included five articles directly reflecting these protections: Protection from unreasonable searches and seizures (4th),
Protection of rights to life, liberty, and property (5th),
Rights of accused persons in criminal cases (6th),
Rights in civil cases (7th), and
Other rights kept by the people (8th).
