Influences on American Documents of Freedom

A. Sources of law1. Greek Law: citizens took part in government, direct

democracy2. Roman Law: standardized legal procedures, Roman Senate3. English Common Law: unwritten laws based on customs

and traditions (English Law most influential)

The Roman Senate

B. English Law1. Magna Carta: “Great

Charter”, limited kings power for 1st time.a. Due process and trial by

jury2. English Bill of Rights:

Made parliament more powerful than King. England becomes a “Limited/constitutional” Monarchy/a more democratic government. a. Free Elections King John Signing the Great Charter

C. Enlightenment Thinkers1. John Locke: English philosopher;

Very influential in social contract theory. Believed in Natural Rights (life, liberty, and property)

2. Rousseau: French philosopher; influential in the idea of the general will, and social contact theory

3. Montesquieu: French Philosopher: credited with the idea of separation of powers (dividing power among different branches of government) John Locke

D. Colonial Influences1. Virginia House of Burgesses:

First representative assembly in the colonies; first example of self government in the colonies.

2. Mayflower Compact: First example of direct democracy, agreement to rule by consensus.

3. Fundamental Orders of Connecticut: First written constitution in colonies

4. Each colony had an assembly (for making laws) and a governor.

Patrick Henry addresses the Virginia House of Burgesses

E. Religious Influences1. Roger Williams: Founder of

Rhode Island, he introduced the concept of separation of church and state (1st)

2. Maryland Act of Toleration: 2nd law of religious tolerance in the colonies. (Catholics)

3. Great Awakening: A Religious revival that played a key role in the development of democratic concepts and helped create a belief in the equality of man

Magna Carta -- Clause (39): “No free man shall be seized or imprisoned, or

stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we

proceed with force against him, or send others to do so, except by the lawful

judgement of his equals or by the law of the land”

1.

Due Process (5th Amendment)

2. Magna Carta -- “To no one

will we sell, to no one deny or delay right or justice.”

Trial by jury (6th Amendment

3. English Bill of Rights -- “All which their Majesties are contented and pleased

shall be declared, enacted, and established by authority of this present

parliament, and shall stand, remain, and be the law of this realm for ever;”

Established Parliament as the highest authority

in Great Britain.(created 1st ever Limited

Monarchy- a form of Democracy)

4. English Bill of Rights -- “That the

pretended power of suspending of laws, or the execution of laws, by regal

authority, without consent of parliament, is illegal.”

Made the King subject to Parliament

authority.

5.

English Bill of Rights -- “That election of members of parliament ought to be free.”

Established free elections in Great Britain

6. Mayflower Compact -- “by virtue hereof to enact, constitute and frame such just and

equal Laws, Ordinances, Acts, Constitutions and Offices, from time to

time, as shall be thought most meet and convenient for the general good of the

Colony,”

An example of a social contract

Direct Democracy

7. Fundamental Orders of Connecticut – “It is Ordered, sentenced, and decreed, that there shall be yearly two General Assemblies or Courts” and “Whereof

one to be chosen Governor for the year ensuing and until another be chosen, and no other Magistrate to be chosen

for more than one year:”

Created two of the three branches of government: Legislative and Executive