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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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Otros libros del mes en inglés:
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