Constitution the Foundation of the Term Paper

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The U.S. Constitution also included many of those Magna Carta rights from the first state constitutions. Equally important in developing the rights delineated in the Bill of Rights was another 17th century English document, the 1689 English Bill of Rights, which limited power of the monarch, mandated free elections, gave the citizens the right to petition laws they deemed unjust, and created the concept of a system of checks and balances by instituting Parliamentary checks on the monarch's power and authority ("Origins and Foundations of American Government," Everyday Civics, Virginia Department of Education). "The clause in the English Bill of Rights prohibiting excessive bail and cruel and unusual punishments was taken over, virtually word for word, in the Virginia Bill of Rights of 1776 and ultimately became the 8th Amendment to the Constitution of the United States" ("Bill of Rights," American Presidency, 2006)

The specific clauses of the 1689 English Bill of Rights that are still evident in American civic life also include stipulations that parliaments are to be held frequently. This meant that the king could not dismiss Parliament to enforce his own singular authority, just as Congress has regular sessions, and just as the president's legislative acts (including appropriations) must be approved through Congress.

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The English Bill of Rights also allowed for freedom of speech and debate in Parliament and gave Parliament the all-important 'powers of the purse' so crucial to maintaining a standing army.

The succession to the crown was defined, to eliminate bloody struggles of leadership (parallel to defining who may run for office in the U.S. Constitution) and the right of petition of unjust laws, prohibitions of excessive bail (cruel and unusual punishment), the reaffirmation of the right to jury trial, and the notion of checks and balances itself were all important to the founders and are reflected in the words and spirit of the first ten amendments ("Bill of Rights," American Presidency, 2006)

Unlike England, which also has a tradition of common law, or law based upon custom, the United States is still a young nation. Although legal precedents carry great weight when judges are making decisions, written law is of greater importance in American law than in English law. However, English philosophical advances upholding the rights of citizens and Parliament, and the curtailment of the rights of the monarch both inspired America's Founding Founders. These English documents continue to make their influence felt in American law's continual reevaluation and interpretation by the judiciary......

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