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Lesson 4: What Were the British Origins of American Constitutionalism?

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Lesson Purpose

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.

Lesson Objectives

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,
  •  identify the origins of some of Americans’ most important constitutional rights, and
  • 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.

Lesson Terms

stare decisis
Latin: "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.
common law
Magna Carta
precedent
redress of grievances
rights of Englishmen
rule of law
writ of habeas corpus

Lesson Biographies

William The Conqueror (1027-1087 CE)
First Norman king in England. Introduced the feudal order to the old Anglo-Saxon system of government.
John, King of England (1167-1216 CE)
Charles I (1600-1649 CE)
Charles II (1630-1685 CE)

Lesson Primary Sources

English Translation of Magna Carta

English translation of Magna Carta

Access the Material

The Habeas Corpus Act of 1641
A resolution of House of Commons, 1669
Petition for a Charter of New England, March 3, 1619
Montesquieu--The Spirit of Laws, 1748
Habeas Corpus Act 1679
English Bill of Rights 1689
Edmund Burke's Speech to the Electors at Bristol, 1774
Act of Supremacy 1533
Petition of Right
Blackstone Commentaries on the Laws of England
De Libellis Famosis (1606)
Declaration of Independence 1776
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