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Ye Olde Essential Questions. What did the English use to limit the power of their government? What is a constitution? What is it supposed to do? How does the English constitution influence the US constitution?. ENGLAND & THE MOVE TO DEMOCRACY. WHAT IS LAW?.
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Ye Olde Essential Questions • What did the English use to limit the power of their government? • What is a constitution? What is it supposed to do? • How does the English constitution influence the US constitution?
WHAT IS LAW? • LAW IS THE WRITTEN SET OF RULES FOR A SOCIETY • THE “RULES” OF THE GAME THAT BOTH SIDES AGREE ON AND WHICH SHOULD BE CHANGED ONLY WITH MUTUAL CONSENT
WHY DO SOCIETIES NEED LAWS? • LAWS WERE CREATED TO PROTECT THE PEOPLE AGAINST A CORRUPT OR OPPRESSIVE MONARCHY OR GOVERNMENT • LAWS GUARANTEE “CIVIL RIGHTS” -- THE RIGHTS OF EACH CITIZEN TO BE TREATED FAIRLY BY THE GOVERNMENT • W/O LAWS, ANY FORM OF GOVERNMENT WILL BE OPPRESSIVE AND CORRUPT
1215: MAGNA CARTA • KING JOHN FORCED TO ACCEPT • POOR MILITARY LEADER -- NEEDED MONEY FROM NOBLES • “NO TAX W/O REPRESENTATION” • ACCUSED MUST HAVE JURY TRIAL • ALL MUST BE GRANTED PROTECTION OF LAW
Magna Carta • In August 1215, John appealed to the Pope, who denounced the Charter, annulling it by a papal bull and excommunicated the Barons who tried to press for its clauses to be carried out. The original Magna Carta was thus in force for only two months. By September, civil war had broken out again because of this.
1295: THE MODEL PARLIAMENT • KING EDWARD I • BROUGHT COMMANDERS & NOBLES TOGETHER AS A PARLIAMENT TO ASK THEIR CONSENT TO NEW TAXES • RADICAL NEW IDEA FOR A MONARCH TO ASK FOR ANYTHING
1628: CHARLES I & THE PETITION OF RIGHT • 1625 CHARLES NEEDED $ & PARLIAMENT REFUSED • PARLIAMENT WAS DISBANDED • 1628 PARLIAMENT CALLED AGAIN AND CHARLES HAD TO ACCEPT PETITION OF RIGHT IN EXCHANGE FOR TAX MONEY
1628: PETITION OF RIGHT • 4 MAJOR POINTS: • DUE PROCESS OF LAW GUARANTEED • NO TAXES LEVIED W/O CONSENT OF PARLIAMENT • NO QUARTERING OF TROOPS IN PRIVATE HOMES IN TIME OF PEACE • NO MARTIAL LAW IN TIME OF PEACE
1642-49: ENGLISH CIVIL WAR • JANUARY 1642: CHARLES TRIED TO ARREST LEADERS OF PARLIAMENT & FAILS • CIVIL WAR BEGINS • KING’S SUPPORTERS KNOWN AS ROYALISTS OR CAVALIERS • ROUNDHEADS & PURITANS SUPPORTED PARLIAMENT. LED BY OLIVER CROMWELL
OLIVER CROMWELL (r. 1649- 1658) • KNOWN AS “LORD PROTECTOR” • ESTABLISHED A COMMONWEALTH AND THEN A MILITARY DICTATORSHIP • CROMWELL DIED AND LEFT A WEAK SON TO RULE. • PARLIAMENT VOTED IN CHARLES II. THIS IS KNOWN AS THE RESTORATION
THE RESTORATION1660-1688 • PERIOD OF RULE BY CHARLES II AND THEN BY JAMES II • BOTH KINGS TRIED TO MINIMIZE THE ROLE OF PARLIAMENT • BOTH KINGS SUPPORTED THE CATHOLIC CHURCH • JAMES II FORCED TO ABDICATE IN 1688 ENDING RESTORATION
1679: HABEAS CORPUS ACT • LITERALLY MEANS “TO BRING OR TO HAVE THE BODY.” • RIGHT OF EVERY PRISONER TO BE BROUGHT BEFORE A JUDGE AND EITHER BE FORMALLY CHARGED WITH A CRIME AND BE TRIED, OR BE RELEASED
1688: THE GLORIOUS REVOLUTION • JAMES II FORCED TO ABDICATE • NO BLOOD WAS SPILLED • THRONE GIVEN TO JAMES’ DAUGHTER MARY & HER HUSBAND WILLIAM OF THE NETHERLANDS • WILLIAM & MARY RULED, JOINTLY, BY AN ACT OF PARLIAMENT
1689: THE BILL OF RIGHTS • “…ACCORDING TO THE STATUTES OF PARLIAMENT…” • FREE SPEECH FOR MPs IN THE HOUSES OF PARLIAMENT • FREEDOM TO PETITION KING • PARLIAMENT TO MEET ON A REGULAR AND FREQUENT BASIS
PARLIAMENT’S LAWS COULD NOT BE SUSPENDED • SUPREMACY OF PARLIAMENT CONFIRMED ONCE AND FOR ALL