Govt 421 Quiz 2

Magna Carta (1215)

A charter agreed to by King John of England, established the principle that the king is subject to the law, limited royal authority, and protected certain baronial rights.

Rule of Law

The idea that all individuals, including the king, are subject to the law, foundational principle established by the Magna Carta.

Habeas Corpus

A legal principle ensuring that a person cannot be detained unlawfully without being brought before a judge, reinforced by the Magna Carta and later legal documents.

Due Process (Magna Carta)

The guarantee that legal proceedings must be fair, preventing arbitrary imprisonment or punishment without a lawful trial.

No Taxation Without Representation (Magna Carta)

The king cannot impose taxes without the consent of his council, an early step toward representative government.

Feudal System and Magna Carta

The Magna Carta was a response to King John's abuses in the feudal system, where barons sought to limit his power over land and taxation.

King John and the Magna Carta

King John's heavy taxation and military failures led to the rebellion that resulted in the Magna Carta.

Great Council (Magna Carta)

A precursor to Parliament, the council of barons that advised the king on taxation and governance.

Charter of the Forest (1217)

A companion document to the Magna Carta that provided rights and protections for commoners, particularly regarding land use.

Petition of Right (1628)

A document sent by Parliament to King Charles I, reaffirming that taxes could not be levied without parliamentary consent, citizens could not be imprisoned without cause, and martial law could not be imposed in peacetime.

Quartering of Troops (Petition of Right)

Prohibited the king from forcing citizens to house soldiers without their consent, a grievance later reflected in the U.S. Third Amendment.

Martial Law Restriction (Petition of Right)

Limited the use of martial law in peacetime, reinforcing civilian authority over the military.

Arbitrary Imprisonment (Petition of Right)

Prohibited imprisonment without specific charges or legal justification, a reinforcement of habeas corpus rights.

Taxation Without Parliament's Consent (Petition of Right)

Reaffirmed that the king could not impose taxes or forced loans without Parliament's approval.

King Charles I and the Petition of Right

Charles I ignored the Petition of Right, leading to conflicts with Parliament and ultimately the English Civil War.

English Civil War (1642-1651)

Conflict between supporters of the monarchy (Royalists) and Parliament (Parliamentarians), influenced by disputes over the Petition of Right and the king's authority.

Oliver Cromwell

Leader of the Parliamentary forces during the English Civil War, later ruled England as Lord Protector.

English Bill of Rights (1689)

A document passed after the Glorious Revolution that further limited royal power, established parliamentary supremacy, and enumerated individual rights.

Parliamentary Supremacy (English Bill of Rights)

Ensured that laws and taxes required parliamentary approval, reducing the power of the monarchy.

Right to Bear Arms (English Bill of Rights)

Gave Protestants the right to have arms for self-defense, influencing the Second Amendment in the U.S.

Free Speech in Parliament (English Bill of Rights)

Guaranteed that debates and proceedings in Parliament could not be questioned outside it, establishing legislative immunity.

No Cruel and Unusual Punishment (English Bill of Rights)

Prohibited excessive bail, fines, and inhumane punishments, later echoed in the Eighth Amendment to the U.S. Constitution.

Regular Sessions of Parliament (English Bill of Rights)

Required the king to call Parliament regularly, ensuring continuous legislative oversight.

Glorious Revolution (1688)

The overthrow of King James II, leading to the ascension of William and Mary and the adoption of the English Bill of Rights.

Divine Right of Kings

The belief that monarchs derive their authority from God, challenged by the English Bill of Rights and limited government principles.

Limited Government

A principle reinforced by these documents, asserting that government power should be restricted by law and constitutional principles.

Constitutionalism

The belief that government should operate according to an established set of laws and principles, emphasized by Lutz as a key aspect of American constitutional development.

Social Contract Theory (Lutz)

The idea that legitimate government arises from the consent of the governed, influenced by historical English documents and later used in American constitutional thought.

John Locke's Influence

Locke's theories on natural rights and government by consent were shaped by English constitutional history and influenced the American Founding Fathers.

Thomas Hobbes vs. John Locke

Hobbes argued for a strong, absolute ruler to prevent chaos, while Locke emphasized limited government and the protection of individual rights.

Impact on American Colonists

The principles in the Magna Carta, Petition of Right, and English Bill of Rights heavily influenced colonial resistance to British rule and the development of the U.S. Constitution.

Declaration of Independence and English Traditions

Many principles in the Declaration, such as grievances against arbitrary rule, taxation without consent, and military abuses, echo English constitutional documents.

American Bill of Rights (1791)

The first ten amendments to the U.S. Constitution were influenced by the English Bill of Rights, particularly in protections against excessive punishments, quartering troops, and free speech rights.

Common Law Tradition

The legal system based on precedent and judicial decisions, developed through English history and forming the basis of American law.

Treason and the English Bill of Rights

Established that trials for treason must have fair procedures, influencing protections in the U.S. Constitution.

Religious Toleration (English Bill of Rights)

Limited royal interference in religious matters but maintained restrictions on Catholics holding the throne.