ORGINS OF THE CONSTITUTION

Origins Of The Constitution

Origins Of The Constitution

It is hard for us today to appreciate what an extraordinary, unforeseen achievement the Constitution of 1787 was. We take a strong national government so much for granted that we can scarcely understand why the American Revolutionaries of 1776 did not create the Constitution at once. But in 1776 virtually no American contemplated something like the Constitution of 1787. No one in 1776 even imagined for Americans a powerful continental wide national government operating directly on individuals[1]. The colonists in the British empire had experienced enough abuses from far-removed governmental power to make them leery of creating another distant government. Thesis statement: the origins of the constitution were primarily based on the contributions of Magna Carta, Mayflower Compact & Declaration of Independence.

The influence of Magna Carta can be clearly seen in the United States Bill of Rights, which enumerates various rights of the people and restrictions on government power. The Bill of Rights is a section of the United States Constitution which originally did not exist in the document, and is, in part, inspired by provisions in the Magna Carta. The right to due process, trial by a jury of one's peers, no cruel or unusual punishment, the right to a speedy trial without bias, and protection against excessive fines or bail first appear in the Magna Carta, and later in the Bill of Rights[1]. The Supreme Court of the United States occasionally refers back to the Magna Carta for decisions on cases concerning human rights. The Magna Carta is the source of many of the most fundamental concepts of law. Indeed, the very concept of a written constitution stems from Magna Carta. In over one hundred decisions, the United States Supreme Court has traced dependence on the Magna Carta for an ...