British Origins to American Government

1. British Origins to American Government

2. History of English Government • Since 1066: System of feudalism. • Form of political organization in which a lord gave land to other men in return for their allegiance & their services. • Based on social class (Nobility, Vassals, Peasants) • Feudalism was important in the development of constitutional government because of it’s ideas about contracts.

3. Rights of Englishmen • Established slowly over the history of Britain. • Certain basic rights that all subjects of the English monarch were entitled to. • These rights were fundamental and could NOT be changed. • Right to Trial by Jury • Protection from unlawful entry of one’s home. • No taxation without representation.

4. English History in a nutshell • English history is the story of the bloody struggle for power. • By 13th Century it was a struggle between royalty (king/queen) and Parliament. • Parliament: a council of nobles created to advise the monarch, which then became a branch of government that represented the most powerful groups in the kingdom. • For hundreds of years, Parliament and monarch struggled for power. • English subjects were jailed, tortured, executed. • To protect the rights of of Englishmen documents were written to limit the power of the monarch.

5. British Constitution • British constitution did NOT exist before the creation of government. • It is not a single written document, but made up of a combination of common law, acts of parliament, & political customs and traditions. • Documents are important development of the British Constitution & the rights of the British people. • Documents were written during time of great conflict. • Magna Carta (1215) • Petition of Rights (1628) • English Bill of Rights (1689)

6. Importance of the Magna Carta • Government should be based on rule of law. • Limited the power of the ruler. • Guaranteed due process of law (trial by jury) • Certain basic rights may not be denied by government. • Rights of the governed could not be violated. • Government should be based on an agreement between the ruler and the people to be ruled. • Social Contract

7. How did parliamentary government in England begin? • Under feudal system English kings relied on councils to advise them (councils were known as parliaments). • In 14th century: parliaments divided into two houses: • House of Lords: represented the interests of the feudal nobility & major churchmen. • House of Commons: represented the people who were not nobility but still possessed wealth & stature, including knights.

8. Development of Parliament • Kings of England found it an effective way to raise money from their subjects & a way to make important laws. • English subjects found Parliament to be an effective way to voice their grievances to the monarch & limit/check his/her power. • Eventually, Parliament became so important to English government that it was capable of challenging the king’s ability to act without support.

9. Petition of Right • Ultimate power struggle in England’s government came to head in 17th century. • Civil War • Execution of King Charles 1 & James II • Charles I: attempted to raise money without approval of parliament by requiring subjects to “quarter soldiers” • 1628: Charles I forced to sign the Petition of Right • Petition of Right: • taxes could only be raised with the consent of Parliament. • Prohibited quartering of soldiers. • Strengthed the idea that British subjects enjoyed certain fundamental rights that no government could violate.

10. Writ of Habeas Corpus • Habeas Corpus Act of 1678: • Parliament gained the right of the subjects to a legal document called writ of habeas corpus • Writ of Habeas Corpus: • orders government to deliver a person it has arrested to a court of law and an explanation as to why that person has been arrested and jailed. • If government cannot provide evidence to show that a person has broken the law, the person must be set free.

11. English Bill of Rights 1689 • Primary objective was to limit the power of the monarch by placing the dominant power of government to Parliament. • Ideas from English Bill of Rights included in Declaration of Independence, Constitution & US Bill of Rights. • Trial by jury • Prohibits cruel & unusual punishment • Right to petition government • Right to bear arms

12. How does English Bill of Rights Differ from US Bill of Rights? • English Bill of Rights DOES NOT: • Guarantee freedom of speech, freedom of religion, or freedom on press. • English Bill of Rights was ratified by Parliament & therefore could be changed. • US Bill of Rights CANNOTt be amended! • English Bill of Rights was intended to limit the power of the monarch & increase the power of the Parliament. • US Bill of Rights is intended to prohibit federal government from violating individual rights of all people.

13. Similarities between English Bill of Rights & US Bill of Rights: • Rule of Law: • Both government & the governed must obey the laws of the land. • Parliamentary Supremacy: • Parliamentary law is the highest law of the land. • Government by contract & consent: • Based on Locke’s idea of a social contract.