Magna Carta / U.S. Constitution Research Paper

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And taxes were to be levied only through the consent of the elected officials. The Magna Carta was different from the Constitution in that the Magna Carta was mainly concerned "…with largely feudal issues that benefited the aristocracy," whereas the Constitution was based on creating fair representation by the people (Arnheim, et al., 2009).

TWO: The fairness of the laws is similar in that when the phrase "rule of law" is stated, it just means that no one is above the law. In the case of the U.S. The Constitution it is largely about limiting the powers of government when basic bottom line issues dealing with individual liberties are at stake. In the Magna Carta (Clause 40) it states something very similar: "To no one will we sell, to no one will we refuse or delay right or justice."

THREE: Due process in the U.S. Constitution alludes to the fact that "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law" (Fourteenth Amendment).

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In the Magna Carta, Clause 20 ("A free man shall not be amerced for a small offence except according to the extent of the offence…"). And in Clauses 20, 21, and 22 the Magna Carta asserts that a defendant is entitled to a "reasonable amount of fine commensurate with the type of offense committed, an amount not to be ruinous of one's free-status position…" and a free man has a right to be tried in front of an "authorized court" (Clause 24). These relate to due process as found in the 14th Amendment of the Constitution (Kusha, 2004). Moreover, Clause 39 protected British subjects from "unlawful search and seizure, confiscation of property…" (Kusha).

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