constitutional antecedents (1215-1689)

12
(1215-1689)

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A history of English constitutional antecedents that served as important precursors to the United States Constitution. The tyranny of John, Charles Stuart, and James II is covered, as well as the Magna Carta, Petition of Right, and English Bill of Rights.

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Page 1: Constitutional Antecedents (1215-1689)

(1215-1689)

Page 2: Constitutional Antecedents (1215-1689)

Considered a particularly oppressive king

Offenses Chose the Archduke of

Canterbury against the will of the people

Levied an income tax, considered callous and oppressive

Jailed/tortured rivals

“Hell itself is defiled by the fouler presence of John”

Page 3: Constitutional Antecedents (1215-1689)
Page 4: Constitutional Antecedents (1215-1689)

Means “Great Charter” in Latin

Charged John with ignoring Charter of Liberties (1100) which bound king to certain guidelines, proclaimed by Henry I

Condemned taxation by a king – affirmed the right of only Parliament to tax

Establishes the right of due process, ward against unreasonable incrimination

Established council of 25 barons who could overrule king

Page 5: Constitutional Antecedents (1215-1689)

Reigned 1625-1649

Stuart monarch

Offenses Levied numerous taxes without

Parliamentary consent

Held adversaries without due process

Attempted to arrest Parliamentarians who opposed him

Prorogued (dissolved) Parliament in 1928

Page 6: Constitutional Antecedents (1215-1689)

Condemned Charles I’s actions

Restrictions placed on government Restriction to tax without Parliamentary consent

Restricts extension of martial law

Restricts forced billeting of soldiers

Restated the validity of the Magna Carta

In response, Charles dissolved Parliament and entered an 11 year “lone rule”

Page 7: Constitutional Antecedents (1215-1689)

After 11 year rule, Parliament charged the crown with establishing a government of “malignant and pernicious design”

List of 204 separate points of contention between Parliament and king Stealing all of the bullion from the mint

Seizing private property to create sustainable land developments

Established a monopoly on items of common use –soap, salt, wine, leather, sea-coal

Direct parent of the Declaration of Independence

Page 8: Constitutional Antecedents (1215-1689)

Grand Remonstrance served as a precursor to the English Civil Wars of the 1640s

Following English Civil Wars, Charles was tried for treason and beheaded

Republic established in Britain for a time

Page 9: Constitutional Antecedents (1215-1689)

Reigned 1685-1688

Offenses Expanded government to

include new offices

Declaration of Indulgences –forced decrees to be read in churches

Aligned too closely with the French

Attempted to establish new Catholic hereditary dynasty

Page 10: Constitutional Antecedents (1215-1689)
Page 11: Constitutional Antecedents (1215-1689)

Condemned actions of James II Disarming the populace

Intervening into the religious practices of the churches

Declared Parliament supreme

No taxation by royal prerogative

Guaranteed trial by jury

Outlawed cruel and unusual punishment

No royal interference in speech/right to bear arms

Page 12: Constitutional Antecedents (1215-1689)

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