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the English Magna Carta (1215)
and
the Constitution of the United States of America
(1788)
the Magna
Carta
The
Magna Carta, is a document sealed by King John of England on June
15, 1215, in which he made a series of promises to his subjects that
he would govern England and deal with his vassals according to the
customs of feudal law. Over the course of centuries, these promises
have required governments in England (and in countries influenced
by English tradition) to follow the law in dealing with their citizens.
The text of the Magna Carta of 1215 bears many traces of haste,
and is clearly the product of much bargaining and many hands. Most
of its clauses deal with specific, and often long-standing, grievances
rather than with general principles of law. Some of the grievances
are self-explanatory: others can be understood only in the context
of the feudal society in which they arose. Of a few clauses, the
precise meaning is still a matter of argument.
In feudal society, the king's barons held their lands 'in fee' (feudum)
from the king, for an oath to him of loyalty and obedience, and with
the obligation to provide him with a fixed number of knights whenever
these were required for military service. At first the barons provided
the knights by dividing their estates (of which the largest and most
important were known as 'honours') into smaller parcels
described as 'knights' fees', which they distributed to
tenants able to serve as knights. But by the time of King John it
had become more convenient and usual for the obligation for service
to be commuted for a cash payment known as 'scutage', and
for the revenue so obtained to be used to maintain paid armies.
Besides
military service, feudal custom allowed the king to make certain
other exactions from his barons. In times of emergency, and on such
special occasions as the marriage of his eldest daughter, he could
demand from them a financial levy known as an 'aid' (auxilium).
When a baron died, he could demand a succession duty or `relief' (relevium)
from the baron's heir. If there was no heir, or if the succession
was disputed, the baron's lands could be forfeited or 'escheated' to
the Crown. If the heir was under age, the king could assume the guardianship
of his estates, and enjoy all the profits from them - even to the
extent of despoliation - until the heir came of age. The king had
the right, if he chose, to sell such a guardianship to the highest
bidder, and to sell the heir himself in marriage for such price as
the value of his estates would command. The widows and daughters
of barons might also be sold in marriage. With their own tenants,
the barons could deal similarly.
The scope for extortion and abuse in this system, if it were not
benevolently applied, was obviously great and had been the subject
of complaint long before King John came to the throne. Abuses were,
moreover, aggravated by the difficulty of obtaining redress for them,
and in Magna Carta the provision of the means for obtaining a fair
hearing of complaints, not only against the king and his agents but
against lesser feudal lords, achieves corresponding importance.
About two-thirds of the clauses of the Magna Carta of 1215 are concerned
with matters such as these, and with the misuse of their powers by
royal officials. As regards other topics, the first clause, conceding
the freedom of the Church, and in particular confirming its right
to elect its own dignitaries without royal interference, reflects
John's dispute with the Pope over Stephen Langton's election as archbishop
of Canterbury: it does not appear in the Articles of the Barons,
and its somewhat stilted phrasing seems in part to be attempting
to justify its inclusion, none the less, in the charter itself. The
clauses that deal with the royal forests, over which the king had
special powers and jurisdiction, reflect the disquiet and anxieties
that had arisen on account of a longstanding royal tendency to extend
the forest boundaries, to the detriment of the holders of the lands
affected. Those that deal with debts reflect administrative problems
created by the chronic scarcity of ready cash among the upper and
middle classes, and their need to resort to money-lenders when this
was required. The clause promising the removal of fish-weirs was
intended to facilitate the navigation of rivers. A number of clauses
deal with the special circumstances that surrounded the making of
the charter, and are such as might be found in any treaty of peace.
Others, such as those relating to the city of London and to merchants,
clearly represent concessions to special interests.
Translation
(Clauses marked (+) are still valid under the charter of 1225, but with a few
minor amendments. Clauses marked (*) were omitted in all later reissues of
the charter. The translation sets out to convey the sense rather than the
precise wording of the original Latin.)
The
Constitution of the United States of America
The
Constitution of the United States is the system of fundamental laws
of the United States of America. The Constitution was drawn up by
55 delegates to the Constitutional Convention in Philadelphia during
the summer of 1787 and ratified by the states in 1788. The Constitution
defines distinct powers for the Congress of the United States, the
president, and the federal courts. This division of authority is
known as a system of checks and balances, and it ensures that none
of the branches of government can dominate the others. The Constitution
also establishes and limits the authority of the federal government
over the states and spells out freedoms and liberties for U.S. citizens.
In 1774 the Parliament of Great Britain capped a series of abuses
against the American colonies by imposing a tax on tea imports to
the colonies. The colonies quickly agreed to convene a Continental
Congress, which in 1776 appointed two committees—one to draft
the Declaration of Independence and the other to prepare a “form
of confederation” among the colonies. In 1778 this second committee
produced the Articles of Confederation which took effect in 1781.
The Articles of Confederation established a league of friendship
among the states, but not a political union. Each state remained
separate and sovereign. The central government consisted of a one-chamber
Congress, in which each state had a single vote. Congress had few
powers, lacking even the authority to impose taxes. Any congressional
action required the approval of 9 of the 13 states. The government
had no president and no central court.
As a result, Congress in the 1780s could not deal with serious national
problems, such as the repayment of about $40 million in domestic
debt and $12 million in foreign debts incurred during the American
Revolution (1775-1783). Later in 1786 and in 1787, there was an uprising
of poor farmers which, depite being supressed by local militias,
sent tremors through the 13 states. Some legislatures began to enact
laws relieving debtors of their debts, which angered many wealthy
creditors. States with good seaports took advantage of merchants
in other states by imposing large import and export taxes. These
and other problems required national solutions that neither the states
nor the Confederation Congress had the political will to confront.
The continuing crisis and the threat of further rebellions spurred
the states to call a convention to revise the Articles of Confederation.
The Constitutional Convention began on May 25, 1787 in Philadelphia
and brought together nearly all of the nation’s most prominent
men, including George Washington, James Madison, Alexander Hamilton,
and Benjamin Franklin.
The delegates settled most of issues quickly. Four questions proved
far more difficult to resolve: conflicts over how the people were
to be represented in Congress; what to do about slavery; the powers
of the president and the procedures for election to the office; and
the powers and functions of the federal courts.
On the key question of congressional representation, the convention
eventually agreed on a compromise between two different plans. The
first was that members of both houses of Congress be divided according
to the population of each state. Because the population in three
states alone—Virginia, Pennsylvania, and Massachusetts—made
up nearly half the country, this plan would have given these states
control of the nation. The second plan favoured small states, giving
all states equal representation in a one-chamber Congress regardless
of population. Under this plan, the more numerous small states could
unify against the larger ones. The final compromise was to give the
states an equal voice in the upper house, the Senate, and representation
proportional to population in the lower house, the House of Representatives.
Even though the words slave and slavery do not
appear in the Constitution, the convention included ten provisions
dealing with slavery. The most serious dispute arose over how to
assign House seats to Southern states. If seats in the House of Representatives
were apportioned according to state populations that included slaves,
Southern states would gain an advantage because of their large slave
populations. Northern states pushed to exclude slaves from the population
calculations altogether. Southern states refused. Finally abolitionists
from northern states compromised. They agreed to the infamous clause
in Article I that counted slaves as only three-fifths of a person.
The delegates considered various proposals for a single three-year,
six-year, and seven-year term for the Presidency. They debated whether
the executive branch should be headed by a single leader or by many,
and whether the chief executive should have the power to veto legislation,
should be elected by Congress or the people, should be eligible to
run for reelection, and should command the armed forces. Some delegates
even hoped for a limited monarchy. Not until September 8, more than
three months after the convention started, did the final shape of
the presidency emerge: a single leader, elected to a four-year term
and eligible for reelection, with authority to veto bills enacted
by Congress. The president was also given command of the military
and the power to appoint federal officials, subject to confirmation
by the Senate.
Early on at the convention, a Council of Revision, composed of federal
judges and the president, to veto laws made by both Congress and
state legislatures had been proposed. The delegates rejected variations
of this plan four times because of the opinion that those who interpret
the laws “ought to have no hand in making them”. Instead,
it was agreed to create a single Supreme Court and to permit Congress
to create lower federal courts.
After the details had been settled, a committee on style and revision
was assigned to put the final results in language to submit to the
people for ratification.
The text of the Constitution was approved on September 15, and on
September 17 all but three of the remaining delegates signed, what
was now no longer just an agreement between states, but a constitution
for a new nation.
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