Magna Carta1
Magna Carta1
Magna Carta1
<Title>
<Student Name>
<Instructor Name>
<Date>
Magna Carta 2
The Magna Carta greatly influenced the development of the written constitution, as well
as the concept of the rights of a citizen. Laid birth in 1215 and signed by King John of England,
the Magna Carta limited the king’s power and granted some of that power to the nobles –
ensuring that even the king was not above the law (NARA). In time, the Magna Carta affected
not only the creation of democracy, but also impacted the court system. And gradually, the rights
granted to the noblemen trickled down to form the rights of all citizens as well.
The Magna Carta plays a vital role in governing the United States of America today, such
that it helped eradicate the concept of ‘absolute authority’ of the President; and put in place
restrictions on the federal government to ensure protection of rights (Ely, 2007). The preamble of
the U.S. Constitution makes it clear that the government’s power stems from the people of the
nation. And so power was taken away from the presidential seat, and given to representative
Of the greatest principles derived from the Magna Carta, and the longest faring influence,
is the concept of ‘due process of law’. Though refined over time, the most recent version of this
concept can be seen in a provision in the 5 th Amendment of the U.S. Constitution – “No person
… shall be deprived of life, liberty, or property, without due process of law” (Templin, 1998).
In essence, our constitution and declaration of rights can very well be seen as descendents
of the Magna Carta. Without the existence of the Magna Carta, the United States Constitution or
the Declaration of Independence, and some aspects of common law, may not have seen the light
of day. It reinforced that human rights were not be overruled by governments, and laid
supremacy in the law of the land – rendering no individual or government above the law (Holt,
1992).
Magna Carta 3
References
Ely, J. W. (2007). The Guardian of Every Other Right: A Constitutional History of Property
Rights (Bicentennial Essays on the Bill of Rights). USA: Oxford University Press.
Holt, J. C. (1992). Magna Carta. 2nd ed. New York: Cambridge University Press.
Templin, Diane B. (1998, November 3). Life, Liberty, Property Shall Not Be Deprived Without
http://www.smartvoter.org/1998nov/ca/state/vote/templin_d/paper3.html
US National Archives & Records Administration. The Magna Carta. Retrieved September 14,
2009 from
http://www.archives.gov/exhibits/featured_documents/magna_carta/legacy.html