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Magna Carta: Cornerstone of the U.S. ConstitutionWe will sell to no man, we will not deny or defer to any man either justice or right. Introduction
The "Great Charter" drawn up on the field at Runnymede on June 15, 1215 between
King John and
his feudal barons failed to resolve the crisis that had been brewing in England
ever since the death of John's brother King Richard I. Over the long term, however,
Magna
Carta served to lay the foundation for the evolution of parliamentary government
and subsequent declarations of rights in Great Britain and the United States.
In attempting to establish checks on the king's powers, this document asserted
the right of "due process" of law. By the end of the 13th century, it provided
the basis for the idea of a "higher law," one that could not be altered either
by executive mandate or legislative acts. This concept, embraced by the leaders
of the American Revolution, is embedded in the supremacy clause of the United
States Constitution and enforced by the Supreme
Court.
Guiding Questions
Learning ObjectivesOn completion of this lesson, students should be able to:
Background Information for the TeacherAt the death of his brother, Richard the Lionhearted, John assumed the throne of England, intent on exercising power to achieve his own selfish ends. To fund military campaigns in France, he extracted exorbitant fees from nobles, who, in turn, raised the rents imposed on their tenants. At the same time, John reduced the lords' customary powers over those tenants, restricting, for example, their power to hold court for those living on their feudal lands. He attempted to influence church elections and confiscated church properties, alienating the powerful ecclesiastical establishment and depriving the poor of the only source of relief available to paupers. He restricted trading privileges traditionally granted to London's merchants and increased their taxes, alienating this constituency as well.King John's tyrannical practices extended to demanding sexual favors from the wives and daughters of his barons and to imposing brutal punishments on individuals who challenged his authority. His unbridled exercise of power, coupled with the fact that his administration was both corrupt and inefficient, ultimately led the feudal lords to challenge his authority. Rebellion against the king's rule surfaced in 1213, when England's nobles refused to support him in yet another war in France. The Archbishop of Canterbury, Stephen Langton, sided with them. As animosity mounted, the barons grew more determined to reclaim their rights and in early May 1215 renounced their allegiance to the king. Initially, John refused to meet with them, but he changed his mind when London's merchants opened the gates of the city to the nobles, demonstrating that they, too, were prepared to challenge the king's authoritarian rule. Threatened with a violent overthrow, John had little choice but to meet with the barons and agree to the terms they presented at Runnymede. The original draft was replaced four days later with a slightly amended version that extended rights to freemen (about 10% of the population at that time) as well as nobles. That official version, though sealed by the king, was annulled on August 24, 1215 by Pope Innocent II, who threatened the barons with excommunication if they attempted to enforce it. The Great Charter agreed to by King John was part of a movement in both England and Western Europe to restrict the powers of the monarch and assert the rights of the politically influential, i.e. the nobles. The Magna Carta laid the foundation for government based on the rule of law in Great Britain. By the end of the 13th century, England had a representative parliament and had come to recognize Magna Carta as a "higher law." The first step toward the growing importance of this document was taken by John's son and successor, Henry III. The new king's regents—Henry was only nine when he inherited the throne—re-issued the charter in 1216 and 1217 in an effort to win support for the young monarch. Henry himself issued it again in 1225 when he took personal control of the country. All three re-issues contained changes, including omission of the clauses in the original that had provided for enforcement of the agreement by a council of barons. The 1225 version is considered the final version. In the meantime, colonial charters issued throughout the 17th and 18th centuries as well as political treatises published by the Commonwealthmen—English libertarians whose radical views influenced the thinking of Enlightenment thinkers in America—reinforced the significance of Magna Carta. Not surprisingly, fundamental rights cited in the Great Charter—habeas corpus and due process of law—found their way into the Constitution and the Bill of Rights as well as virtually every state constitution. Throughout American history, the rights associated with Magna Carta have been regarded as among the most important guarantees of freedom and fairness. However, these rights have not always been applied equally. Discrimination based on racial and ethnic differences has, for example, resulted in unfair practices. Perceived threats to national security have been used to justify withholding certain rights or have influenced the enforcement of constitutional guarantees. Despite or, in some cases, because of these shortfalls, the fundamental principles have remained very much a part of the American experience, finding expression in judicial decisions, legislation, news reports and editorials, as well as in the thinking of informed individuals. This lesson is designed to show the evolution of fundamental concepts of liberty that had their beginnings in Magna Carta. These ideas not only shaped the institutions and political ideology of England, but they were also transplanted to the American colonies where they were accepted, refined, and embedded in the instruments of government as well as the thinking of the American people. Preparing to Teach This Lesson
Analyzing primary sourcesIf your students lack experience in dealing with primary sources, you might use one or more of the following preliminary exercises to help them develop these skills.
Overview of ActivitiesThis lesson spans several centuries and two continents. Activity 1 focuses on the document itself and, therefore, deals exclusively with English history in the 13th century. This lesson provides abridged and unabridged annotated versions of Magna Carta.In addition to providing background for the settlement of the English colonies in North America and the American Revolution, this activity can also be used in courses focusing on British history, the history of Western Europe, and world history. Activity 2 traces the evolution of Magna Carta in the 17th and 18th centuries. It explores the contributions of Edward Coke, the transplanting of English ideas relating to rights and liberties to the American colonies, and the reliance on these ideas by leaders of the American Revolution. This activity works well in both English and U.S. history courses. Activity 3 examines the legacy of Magna Carta and, in particular, its influence on the U.S. Constitution and the Bill of Rights. It can be used in U.S. history and U.S. government /civics courses. Read carefully the background information for this lesson and, if time permits, additional discussions regarding Magna Carta that appear on the web. The National Archives website, reviewed by EDSITEment, offers two essays: Another discussion of Magna Carta, on the EDSITEment-reviewed website Internet Medieval Sourcebook, provides valuable background information while placing the document within the context of its time. This can be found at Medieval England.Because the term due process is critical to this lesson, you might wish to read the comments of Justice Felix Frankfurter, included in his concurring opinion in the case of Anti-Fascist Committee v. McGrath (1951). He wrote: The requirement of "due process" is not a fair-weather or timid assurance. It must be respected in periods of calm and in times of trouble; it protects aliens as well as citizens. But "due process," unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place and circumstances. Expressing as it does in its ultimate analysis respect enforced by law for that feeling of just treatment which has been evolved through centuries of Anglo-American constitutional history and civilization, "due process" cannot be imprisoned within the treacherous limits of any formula. Representing a profound attitude of fairness between man and man, and more particularly between the individual and government, "due process" is compounded of history, reason, the past course of decisions, and stout confidence in the strength of the democratic faith which we profess. Due process is not a mechanical instrument. It is not a yardstick. It is a process. It is a delicate process of adjustment inescapably involving the exercise of judgment by those whom the Constitution entrusted with the unfolding of the process. [341 U.S. 123, 162-163] Suggested ActivitiesActivity 1. Introduction to Magna CartaActivity 2. The Evolution of Magna CartaActivity 3. The Influence of Magna Carta on the U.S. ConstitutionActivity 1. Introduction to Magna Carta(one class period, approximately 50-60 minutes) This activity has three parts. The language used in Magna Carta is difficult to understand. For that reason, the teacher should take an active role in helping students decipher the meaning of the "chapters" dealing with fundamental rights and liberties. A. Students should read a brief description of Magna Carta available at Want to know the facts about Magna Carta? through the EDSITEment-reviewed website of The British Academy Portal.
Student exercises and links are provided in a Student Launch Pad and chart for locating provisions related to the four themes. The teacher might begin by listing the four major themes on the board. S/he should then "walk" the students through the document, helping them as needed to recognize relevant passages. The outline, given below, can serve as a guide for the teacher in this process. If the teacher wishes to work from a detailed annotation, this can be found on the PDF file, as noted above.
Students do not need to find every relevant passage. The idea is to acquaint them with the document and to give them an opportunity to find evidence to support each of the four major themes. Note: An abridged version of Magna Carta, with annotations, is also available as a PDF file. This version focuses primarily on the provisions for due process of law. B. Leave 15-20 minutes toward the end of the class to discuss the major themes found in Magna Carta. The discussion should:
C. Conclude with a short explanation of Confirmatio Cartarum (1297) in which Edward I re-affirmed his commitment to Magna Carta. Refer the students to paragraph 2, which elevates the Great Charter to the status of "higher law" by declaring that all laws contrary to Magna Carta are null and void. This document can be found on the Internet Medieval Sourcebook. Activity 2. The Evolution of Magna Carta
For homework, students should read the essay: "The Rhetoric of Rights: Americans are 'Englishmen' and Englishmen Have Constitutional Rights," which appears on the EDSITEment-reviewed website E Pluribus Unum. Students can access the essay link in this Student LaunchPad for Activity 2. The following questions are included for students to guide their reading:
In class, students should be placed in small groups where they can share their responses to the above questions. They should be given about half the class period to discuss and refine their answers. During the second half of the period, the class as a whole should draft a generalization in response to the last question. This should take the form of a single statement, carefully crafted, that could be used as a thesis for a short essay. The Constitution required that nine of the existing states ratify the document. New York was a critical state in this process, but support for the new government was in question. With the exception of Alexander Hamilton, New York's delegates had walked out of the Philadelphia convention, and key politicians in the state continued to express their opposition. Hamilton, along with John Jay and James Madison, published a series of newspaper articles under the title of The Federalist arguing for ratification of the Constitution. One of the last essays, #84, was written by Hamilton in response to the charges that individual rights would not be protected. This document is available on the EDSITEment-reviewed Avalon Project. Students should read the first eight paragraphs of #84, paying particular attention to paragraph four, in which Hamilton cites the provisions included in the body of the Constitution that guarantee individual rights. Working together, students can use the Magna Carta and U.S. Constitution chart provided as a PDF file.
AssessmentStudents should write a position paper in response to the following question:
Alternatively, the assessment could take the form of a class debate. RESOLVED: Magna Carta's main legacy lies in the principles it espoused, rather than in specific protections of rights and liberties. Extending the LessonBoth the Bill of Rights and the 14th Amendment guarantee "due process of law;" however, numerous questions arise with regard to each of the specific provisions. The EDSITEment-reviewed website Exploring Constitutional Law, raises questions and cites cases that have attempted to answer some of those questions. Two links are particularly relevant to this lesson, and each offers background, links to pertinent cases, and questions to raise in class discussions:Selected EDSITEment Websites
Standards Alignment View your state’s standards |
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