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Lesson 4: British Origins of American Constitutionalism

Lesson 4: British Origins of American Constitutionalism.

deanna-juarez
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Lesson 4: British Origins of American Constitutionalism

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  1. Lesson 4: British Origins of American Constitutionalism • This lesson describes the evolution of British constitutional government. It examines the early stages of English government in the feudal period, concluding with the Magna Carta of 1215. It traces the development of representative institutions in England, English common law, and the relationship between legal and constitutional structures. It also examines some of the differences between British and American constitutionalism.

  2. When you have finished this lesson, you should be able to explain how rights and representative government evolved in England and how this evolution influenced the Founders. You also should be able to identify the origins of some of Americans' most important constitutional rights. Finally, you should be able to evaluate, take,and defend positions on the influence of the Magna Carta on the development of rights and the importance of habeas corpus and trial by jury.

  3. Terms To Know • stare decisisLatin: "Let the precedent (decision) stand." The doctrine that a court should follow the previous decisions of other courts on cases in which the facts are substantially the same. This principle plays a key role in common law systems such as those of Britain and the United States.  

  4. common lawThe body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions. Constitutes the basis of the English legal system and became part of American law, except in Louisiana, which inherited its civil law system from France.   

  5. Magna CartaAlso known as the Great Charter, King John of England agreed to this document in 1215 at the demand of his barons. The Magna Carta granted certain civil rights and liberties to English nobles and to all "freemen," such as the right to a jury of one's peers and the guarantee against loss of life, liberty, or property except in accordance with law. Some rights were guaranteed for all the king's subjects, free or not free. In doing so, the Magna Carta limited the power of the king, who agreed that his will could be bounded by law, and became a landmark in the history of constitutional government.

  6. precedentPrevious court decisions upon which legal issues are decided.

  7. rule of lawThe principle that both those who govern and those who are governed must obey the law and are subject to the same laws. This principle is contrasted to the "rule of men," in which those in power make up the rules as they please. The rule of law requires an independent judiciary that is immune from political or other manipulation.   

  8. writ of habeas corpusLatin: "You shall/should have the body." A court order directing that a prisoner be brought to court before a judge to determine whether that prisoner's detention is lawful. • One must be told the charges they are being held for.

  9. Assignment • Read page 28-32 • Class Exercise: Critical Thinking page 32 • Discussion Questions • Homework: • Read Lesson 5 Define: Charter, Constituent, Mayflower Compact, Suffrage Discussion Questions, What do you think? Questions 1-4 on page 42

  10. Thursday: Work in groups on WTP Congressional Hearings. Go through your unit. Discuss past WTP Congressional Questions, Come up with outside of class times to work on your hearing questions. For Friday homework. Read Lesson 6, define 4 key terms, do the 9 questions on page 48 at end of Chapter.

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