DO NOW!

Where, historically speaking, do our rights come from? What evidence can you cite?

Unit 1:What are the

British Origins ofAmerican

Constitutionalism?

Credit goes to Tom Driscoll, who created the first version of this ppt.

• Explain what ‘nation’ founded the country of England.

• Explain how rights and representative government evolved in England and how this evolution influenced the Founders.

• Identify the origins of some of Americans' most important constitutional rights.

Today’s Learning Targets:

Anglo-Saxon ‘Folkways’• Define: Folk

• Based on this definition, what do we think ‘folkways’ means?• Two important concepts: • Cultural

• Rights• Order ways: ideas of order, institutions which enforce order• Power ways: attitudes toward authority and power;

patterns of political participation.• Freedom ways: prevailing ideas of liberty and restraint, and

customs and institutions.

• Culture• Speech ways: patterns of written and spoken language • Building ways: prevailing forms of architecture• Family/Marriage ways: ideas of the marriage-bond, and cultural processes

of courtship, marriage, child-rearing.• Naming ways: onomastic customs including favored forenames and the

descent of names within the family.• Death ways: attitudes toward death, mortality rituals, mortuary customs

and mourning practices.• Religious ways: patterns of religious worship, theology, ecclesiology and

church architecture.• Learning ways: attitudes toward literacy and learning, and conventional

patterns of education.• Food ways: patterns of diet, nutrition, cooking, eating, feasting and fasting.• Dress ways: customs of dress, demeanor, and personal adornment.• Sport ways: attitudes toward recreation and leisure; folk games and forms

of organized sport.• Work ways: work ethics and work experiences; attitudes toward work and

the nature of work.• Wealth ways: attitudes toward wealth and patterns of its distribution.

The "Rights of Englishmen"• Over time, monarchs and judges came to recognize certain personal

rights held, in the Anglo-Saxon tradition, by Englishmen.

• Magna Carta (1215) - King John forced to sign a charter confirming certain traditional rights

• Rule of Law

• Every member of society (even Monarch) must obey laws

• Outlaws arbitrary government

• Basic Rights

• Establishes redress of grievances (compensation for loss or wrong done tothose if the Crown infringes on their common law rights)

• Trial by jury of one's peers.

• Government by Contract

• Established principle of drawing up agreements between parties as a basisfor legitimate government

English Bill of Rights

Influences on Founderso Rule of Law

* Restated idea in Magna Carta that rule oflaw is the foundation of limitedgovernment

o Representative Government

* Only representative government islegitimate

* Americans reject representation by socialclasses, instead favoring the idea of socialequality

Lesson 1 Term & ConceptsCommon LawThe body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions. Constitutes the basis of the English legal system and became part of American law, except in Louisiana, which inherited itscivil law system from France.Magna CartaKing John of England agreed to this document in 1215. The Magna Carta granted certain civil rights and liberties to English nobles and to all "freemen," such as the right to a jury of one's peers and the guarantee against loss of life, liberty, or property except in accordance with the law. In doing so, the Magna Carta limited the power of the king, who agreed that his will could be bounded by law, and became a landmark in the history of constitutional governmentPrecedentPrevious court decisions upon which legal issues are decided.Redress of GrievancesThe correction of complaints. The First Amendment protects the right of the people to petition government to obtain remedies for claimed wrongs.Writ of Habeas CorpusLatin: "You shall/should have the body." A court order directing that a prisoner be brought to court before a judge to determine whether that prisoner's detention is lawful.

Lesson 1 Terms & Concepts (Continued)Rights of EnglishmenRefers to certain historically established rights, beginning with the rights of the Magna Carta, that all Englishmen were understood to have. These included:

• Right not to be kept in prison without a trial• Right to trial by jury• Security in one's home from unlawful entry• No taxation without consent, among others.

Rule of LawThe principle that both those who govern and those who are governed must obey the law and are subject to the same laws. This principle is contrasted to the "rule of men," in which those in power make up the rules as they please. The rule of law requires an independent judiciary that is immune from political or other manipulation.Stare DecisisLatin: "Let the precedent (decision) stand." The doctrine that a court should follow the previous decisions of other courts on cases in which the facts nearly the same. This principle plays a key role in common law systems such as those of Britain and the United States.

DO NOW!

1. What motivated the Mayflower colonists to create the compact?2. How many different cultural regions are there in North America? Name as many as you can.

• Determine what a cultural group is, and what the current groups in the United States are.

• Identify the four English groups that created America.

• Begin work on project.

Today’s Learning Targets:

DO NOW!

1. What have you learned so far about the four English groups that settled America?

2. What questions do you have about the project?