Magna Carta and the Constitution
This study will focus on three sources of concepts from the U.S. Constitution in the text of the Magna Carta. They include religious freedom, the right to a speedy trial and due process of law. The study will also explain the connections between these documents using relevant examples.
The first concept is the right to religious freedom. Under this concept, the first part of the First Amendment of the constitutional bill of right of the U.S. states that the Congress will make no laws based on a religious establishment or prohibition of free exercise of religion. In the first part, the Magna Carta grants powers to God. This is confirmed by its present charter at the Church of England with its full rights and liberties, which is considered entirely free (Dickerson, Flanagan & O'Neill, 2009).
The text of Magna Carta speaks directly to the liberties under the Church…...
mlaReferences
Dickerson, M.O., Flanagan, T., & O'Neill, B. (2009). An introduction to government and politics: A conceptual approach. Toronto: Nelson Education.
Urofsky, M.I., & Finkelman, P. (2012). Documents of American constitutional and legal history. New York: Oxford University Press.
Vile, J.R. (2013). Encyclopedia of constitutional amendments, proposed amendments, and amending issues: 1789-2002. Santa Barbara, Calif. [u.a.: ABC-CLIO
And taxes were to be levied only through the consent of the elected officials. The Magna Carta was different from the Constitution in that the Magna Carta was mainly concerned "…with largely feudal issues that benefited the aristocracy," whereas the Constitution was based on creating fair representation by the people (Arnheim, et al., 2009).
TO: The fairness of the laws is similar in that when the phrase "rule of law" is stated, it just means that no one is above the law. In the case of the U.S. The Constitution it is largely about limiting the powers of government when basic bottom line issues dealing with individual liberties are at stake. In the Magna Carta (Clause 40) it states something very similar: "To no one will we sell, to no one will we refuse or delay right or justice."
THREE: Due process in the U.S. Constitution alludes to the fact that…...
mlaWorks Cited
Betz, Frederick. (2011). Societal Dynamics: Understanding Social Knowledge and Wisdom.
New York: Springer Publishing.
Kusha, Hamid R. (2004). Defendant Rights: A Reference Handbook. Santa Barbara, CA: ABC-
CLIO E-Books.
As a widow, a woman is allowed to have her "marriage portion and inheritance" immediately after her husband's death and will not have to pay a fee to the Crown and the Church. However, the widow can remain in her husband's house for only forty days and "within this period her dower shall be assigned to her." This dower is financial support which originates via the income received from the husband's property during their marriage. Apparently, once this dower is paid to the widow, she must vacate her husband's house and find someplace else to live which then allows other heirs, being males, to take over the property. Certainly, this is a form of blatant discrimination based on sex and gender and is slanted for the financial gain and security of the male heir. In #'s 10 and 11, we find more instances of rampant discrimination. For instance, if…...
mlaBibliography
McSmith, Andy. "The Big Question: What was the Magna Carta and Are Its Contents Relevant to Us Today?" The Independent UK. December 19, 2007, 23.
The Text of the Magna Carta." British Library Board. 1995. Internet. Retrieved October 22, 2008 at http://www.fordham.edu/halsall/source/magnacarta.html .
Magna Carta does not look like a constitution. In point of fact, it looks like a list of demands issued y hostage-takers, which in some sense it was: some kings are orn constitutional monarchs, and some kings achieve it, ut King John had constitutional monarchy thrust upon him. We must realize that the Magna Carta as a document was not itself written y the head of state -- who was, in 1215 when the document was signed at Runnymede, King John, also known as "John Lackland," the youngest son of Henry II and Eleanor of Aquitaine -- ut in fact this head of state was compelled to issue it y the aristocracy and clergy. This is what makes it such a peculiar document to read: the opening sentence is in the voice of King John, offering "greeting" to "the archishops, ishops, aots, earls, arons, justiciars, foresters, sheriffs, stewards, servants, and…...
mlabibliography list entry necessary for the United States Constitution.
Magna Carta. In Albert Beebe White and Wallace Notestein, eds., Source Problems in English History (New York: Harper and Brothers, 1915). Web. Accessed 1 April 2015 at: http://www.fordham.edu/halsall/source/mcarta.html
All persons named in the document were bound by certain obligations to one another, rather than merely subservient to the king's will.
Although the Magna Carta arose from a disagreement between King John, the Pope, and the English nobility, and did not confer rights upon English citizens but merely the English Church and nobility, it is still seen today as significant in the history of English democracy. It limited the ability of the king to exercise executive power over all aspects of government. The Magna Carta established the freedom of the English Church. It established certain rights of the nobility under the rule of law that could not be violated by the king. It formulated the philosophical tradition of common law rights of the nobility in England, which allowed the establishment of the House of Lords and Commons. Thus early on in its history, monarchical government was limited in its…...
The barons had hoped to protect their own families and lands, but the document actually came to protect all the English, and was used as a model for the United States Constitution nearly six hundred years later. It is also the foundation document for the British Constitution.
The document also introduced the concept of "majority rule," which would not actually be enforced until much later. The document, written during feudal times, was meant to control the king while ensuring the upper-class barons could retain their station and place in English society. However, because the document was so far-reaching, it remained in effect long after John's death in 1216. John's son, Henry III, reconfirmed the document in 1217, with some slightly different wording. Several other kings continued this tradition, with the 1225 version being the one we know today.
eferences
Editors. "The Magna Carta." National Archives & ecords Administration. 2007. 15 Sept. 2007.…...
mlaReferences
Editors. "The Magna Carta." National Archives & Records Administration. 2007. 15 Sept. 2007. http://www.archives.gov/exhibits/featured_documents/magna_carta/legacy.html
Sustained improvement in the national and regional economies will be critical to improvement in state and local fiscal conditions (Understanding State Budget Troubles, 2003).
Question 3
Distinguish between rational approaches and incremental approaches budgeting.
The rational approach to budgeting views the budgetary process as a set of logical steps that lead to agency budget decisions based on needs, priorities, plans, goals and objectives. The incremental model of budgeting views the budgetary process as being influenced by past budgeting decisions. Agencies are given a new budget amount based upon what they have been allotted in years past, instead of based upon what they might need for the upcoming and present year (Kettner, Moroney and Martin, n.d.). One approach is always looking backwards while the other is forward thinking in nature.
eferences
Kettner, Peter M., Moroney, obert M., and Martin, Lawrence L. (n.d.). Designing and Managing Programs. etrieved July 7, 2009, from Web site:
http://www.campuskitchens.org/kellogg/images/ves/designing_and_managing_budgeting
.pdf
Understanding State Budget…...
mlaReferences
Kettner, Peter M., Moroney, Robert M., and Martin, Lawrence L. (n.d.). Designing and Managing Programs. Retrieved July 7, 2009, from Web site:
http://www.campuskitchens.org/kellogg/images/ves/designing_and_managing_budgeting
Understanding State Budget Troubles. (2003). Retrieved July 7, 2009,from Economic Research
England faced huge debts and the expense of maintaining a militia in America, after the costly Seven Years' War. The English parliament believed that the colonies should finance a significant portion of their own defense and thus in 1765 levied the first direct tax, the Stamp Act. Nearly every document, such as newspapers, legal writs, licenses, insurance policies, and even playing cards had to include a stamp proving payment of the required taxes. The colonists, like the barons, revolted against this economic control and the fact that they were never asked to vote on these taxes. It simply came down to "taxation without representation." They also disagreed with the condition that anyone who disobeyed could be tried in admiralty courts without a jury of peers.
The colonists condemned the Stamp Act, and when Benjamin Franklin and others in England powerfully argued the American side Parliament quickly repealed the bill. It…...
mlaReferences
Jones, P.M. 1987. How History's Great Minds Inspired the Framers. Scholastic Update. 120, 22-24.
Rosinksy, N.M. 2000. King John and the Royal English Family. Calliope. 10.8, 4
Slavicek, L.C. 2000. Feudalism in King John's England. Calliope. 10.8, 8
" (Rise of the Commons)
The 14th century was a time when the aristocracy (the Commons in particular) acted on account of their personal interests in addition to acting in accordance with the King's wishes. These individuals gradually started to consider that it was only natural for them to have a word in governing the country and that it was irrational for them to simply accept the King's decisions with regard to taxes. The Parliament thus emerged as a result of people's reluctance to follow the King's laws blindly. The aristocracy played an active role in reestablishing its influence in the country throughout the fourteenth century.
Edward III's last years were less impressive when considering his leadership abilities and the fact that he was largely inactive due to his age and sickness materialized in the masses becoming stronger. The people named Sir Peter de la Mare as a spokesman on behalf of…...
mlaWorks cited:
Bond, Maurice, "The History of Parliament and the Evolution of Parliamentary Procedure," Retrieved July 7, 2013, from the Parliament Website: http://www.parliament.uk/documents/parliamentary-archives/evolution.pdf
Harper-Bill, Cristopher, and Vincent, Nicholas, "Henry II: New Interpretations," (Boydell Press, 2007)
Lord Irvine of Lairg, "The Spirit of Magna Carta Continues to Resonate in Modern Law," Retrieved July 7, 2013, from the Parliament of Australia Website: http://www.aph.gov.au/binaries/senate/pubs/pops/pop39/lairg.pdf
"Magna Carta and the Rule of Law 1215," Retrieved July 7, 2013, from the Moonogian-Demirdijian School Website: http://agbumds.edlioschool.com/ourpages/auto/2009/8/25/44063368/Magna%20Carta%20and%20the%20Rule%20of%20Law%201215.pdf
History U.S. Criminal Justice Systems/Police
It is undeniable that criminal justice and police activities are integral parts of every relatively peaceful nation in the world. ithout the actions and standards set forth by the agencies that "protect and serve" many wrongs would go not only unpunished but possibly unnoticed as well.
The basic purposes of policing in democratic societies are: 1. To prevent and investigate crimes; 2. To apprehend offenders; 3. To help ensure domestic peace and tranquility; and 4. To enforce and support the laws (especially the criminal laws) of the society of which the police are a part." (Schmalleger Chapter 5 Summary)
Though the developmental history of modern policing and criminal justice there have been many changes, changes in focus and standard, and even crime and justice. The very term professionalism has completely evolved across the board, more so in the policing industry than almost anywhere else. A historical perspective on…...
mlaWorks Cited
Downer L.J. Legis Henrici Primi Abstract Retrieved April 25, 2004 at http://www.powellschicago.com/html/reprints/16560.html.
Fagin, James A. Criminal Justice New York, NY Allyn & Bacon, 2003.
A www.questia.com/PM.qst?a=o&d=9487482
Hirschel, J. David, and William Wakefield. Criminal Justice in England and the United States. Westport, CT: Praeger Publishers, 1995.
" (Paul v. Davis)
The majority went on to argue that it is almost impossible to guess at any logical stopping place to the afore-prescribed theory of reasoning. Davis' interpretation of the law as set out in his briefs would seem almost necessarily to manifest itself in every legally cognizable injury which may have been inflicted by a state official - of any sort, not just a police officer -- acting under "color of law" establishing a violation of the Fifth Amendment as extended to the 50 states by the aforementioned Fourteenth Amendment to the Constitution.
According to the majority, "We think it would come as a great surprise to those who drafted and shepherded the adoption of that Amendment to learn that it worked such a result, and a study of our decisions convinces us they do not support the construction urged by respondent."
Section 4: The Result
Consequently, the majority of the…...
mlaBibliography
Paul v. Davis 424 U.S. 693 (1976).
Magna Carta, 1214 AD.
US Constitution.
Palko v. Connecticut, 302 U.S. 319, 325 (1937).
The problem was: that the distances were much further and many of the different explorers (such as: Columbus) began to seek out other routes to these areas. This led directly to: the colonial ambitions of many European nations and their desire to explore the new world to achieve these objectives. (Willner, 2008, pp. 255 -- 294)
The Role that the Individual will Play in Society
A third development of the Middle Ages, was that the individual is playing a vital role in: matters of government and society. This developed out of frustration that many people were feeling about the different monarchies. As, everyone was expected to follow: the various traditions and the laws that were imposed upon them by the nobility. This became problematic over the years, as this would turn into a sense of anger. At which point, many of these different monarchies faced direct challenges to their power. To…...
mlaBibliography
Middle Ages. (2011). Free Dictionary. Retrieved from: http://www.thefreedictionary.com/Middle+Ages
Holt, J. (1992). Magna Carta. Cambridge: Cambridge University Press.
Willner, M. (2008). Global History. Hauppauge, NY: Barons.
Islam and Human Rights
a Critique of Contemporary Muslim Approaches
The basic objective of this research is note the errors that are committed by Muslims in their argument of human rights in Islam or in other words to explore possible means of formulation of a more coherent alternative expression of values to point out the errors committed by Muslims in their attempt to argue the case of human rights in Islam in the hope that efforts and resources expended in that direction can be derived to a more agreeable end; which is the exploration of possible means of formulating a more coherent alternative expression of values to the so-called "Islamic human rights."
A considerable amount of literature has been produced on these issues by competent Muslim thinkers and scholars but because they either
purposefully or 2) inadvertently chose to follow almost the same style as explored in the Western tradition in the advancement of…...
mlaBibliography
Hassan, Riffat, Ph.D. ( ) Are Human Rights Compatible with Islam? The Issue of the Rights of Women in Muslim Communities, University of Louisville, KY [Online available at: .org/hassan2.htmhttp://www.religiousconsultation
Islam 101 "Human Rights in Islam" 2005 [Online available at: 101. com/rights/index.Htm 'Allamah Abu Al'A'la Mawdudi at Tawid Journal 'Vol.. IV No. 3 Rajah-Ramadan 1407 ajab-Ramadahan 1407 Human Rights in Islam.]http://www.islam
" (New Standard Encyclopedia, 1986) There were two classes of people in ancient Rome, specifically those who were the patricians, or landowners and the plebeians who were poor farmers and those who worked in the city as well as those who had gained citizenship.
III. BEST RESENTATIVE of the GOOD SIDE of ROME
The emperor Marcus Aurelius who is remembered for his excellent form of a working government is stated to have passed away during the year of 180 a.D. during a war with the tribes of the Danube River, who were viscous tribes. The government was broke and the countrymen of Rome were sick from the plagues that had been infecting the land. The son of Marcus Aurelius, Commodus was spoiled and loved pleasure. Under the rule of Commodus, the government was poorly run and the result is that Rome is stated to have fallen into decay.
IV. RULE by the 'CROSS'…...
mlaWorks Cited
Charlemagne (2006) Lucid Cafe Website. Online available at http://www.lucidcafe.com/library/96apr/charlemagne.html.
Rome (1986) New Standard Encyclopedia. Standard Educational Corporation Chicago, Illinois.
Durrant, Will (nd) a Story of Civilization. Online available at http://www.chronique.com/Library/MedHistory/charlemagne.htm
Ancient Roman History
The United Kingdom and Ireland have both enjoyed geographic separation from the continent of Europe, enabling both to develop unique political cultures and institutions. Ireland has been even more removed from the fray, having never been part of the Roman Empire, and systematically resistant to the same invasions that affected England throughout much of their respective histories. However, the proximity between Ireland and England—and later the United Kingdom—has caused the two countries to be “intertwined politically, economically, and culturally for over 800 years,” (The Republic and Politics of the Republic of Ireland 5). British hegemony has generally meant that Irish identity has been largely oppositional in nature. Divergent trends have emerged in the political cultures and institutions of the United Kingdom and Ireland, especially with regards to the relatively power of the Church. Ireland’s political structures, institutions, and cultures have been inevitably influenced by the British system, but the Catholic…...
In an essay, an attention grabber is known as the essay hook. To help you out on your world civilization essay, we have put together a few topics, essay hooks, and thesis statements you could use for a world civilization essay.
World Civilization Essay Topics
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The concept of due process in America has evolved significantly over time, with a focus on expanding and protecting the rights of individuals in legal proceedings. The roots of due process can be traced back to English common law and the Magna Carta, which guaranteed protections against arbitrary imprisonment and unfair treatment by the government.
In America, the concept of due process is enshrined in the Fifth and Fourteenth Amendments to the Constitution. The Fifth Amendment guarantees that no person shall be deprived of life, liberty, or property without due process of law, while the Fourteenth Amendment extends this protection to....
The Evolution of Due Process in America
Due process, a fundamental principle of American jurisprudence, has undergone significant evolution since its inception. Its origins can be traced back to the Magna Carta, signed in 1215, which established the concept of "the law of the land." This principle implied that no one could be deprived of life, liberty, or property without due process.
Early Formulations
In the United States, due process protections were incorporated into the Fifth and Fourteenth Amendments to the Constitution. The Fifth Amendment secures individuals against being "deprived of life, liberty, or property, without due process of law." The Fourteenth Amendment....
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