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Influence On The Constitution Table Essay

3738 words - 15 pages

University of Phoenix Material

Influences on the Constitution Table

Write one or two paragraphs in each section. Include citations for your sources.

Documents Summary What was its influence on the Constitution?
Magna Carta Magna Carta, also called Magna Carta Libertatum or The Great Charter of the Liberties of England, is an English charter, originally issued in Latin in the year 1215, translated into vernacular-French as early as 1219,[1] and reissued later in the 13th century in changed versions. The later versions excluded the most direct challenges to the monarch's authority that had been present in the 1215 charter. The charter first passed into law in 1225; the 1297 ...view middle of the document...

The Ninth Amendment to the United States Constitution states that, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The framers of the United States Constitution wished to ensure that rights they already held, such as those provided by the Magna Carta, were not lost unless explicitly curtailed in the new United States Constitution.

The Fifth Amendment of the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta.

The Magna Carta is the source of many of the most fundamental concepts of law. Indeed, the very concept of a written constitution stems from Magna Carta. In over one hundred decisions, the United States Supreme Court has traced dependence on the Magna Carta for an understanding of due process of law, trial by jury of one's peers, the importance of a speedy and unbiased trial, and protection against excessive bail or fines or cruel and unusual punishment.

Magna Carta seems to grow more important with each passing year. Up to the time of our Civil War, the U.S. Supreme Court found fewer than a dozen cases requiring analysis of Magna Carta. Between 1870 and 1900, over thirty cases, mostly interpretations of the newly extended rights under the 13th, 14th, and 15th Amendments, involved discussions of Magna Carta But since 1940, over sixty cases have produced comments and commentary on Magna Carta's role in American law.
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Mayflower Compact The Mayflower Compact (1620) was the first case of colonial self-government in America.
The Mayflower Compact was the first governing document of Plymouth Colony. It was drafted by the pilgrims who crossed the Atlantic aboard the Mayflower. It was signed on November 21, 1620 in what is now Provincetown Harbor near Cape Cod. Having settled at Plymouth (thus named by Captain John Smith earlier), the pilgrims recognized that their land was outside the chartered territory of the London Company. Thus, the Mayflower Compact was signed to establish a civil government based upon a majoritarian model and to proclaim the settlers' allegiance to the king. The compact was referred to by John Quincy Adams as the foundation of the Constitution of the United States, but he was speaking figuratively, not literally.
The settlers were well aware that earlier settlements in the New World had failed due to a lack of central leadership, and the Mayflower Compact was essentially a social contract in which the settlers agreed to abide by the rules of the government for the sake of their own survival. The government, in return, would derive its power from the consent of the governed.
The original document was lost, but the transcriptions in Mourt's Relation and William Bradford's journal Of Plymouth Plantation are in agreement and accepted as...

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