Where did America’s Bill of Rights come from?

Magna Carta Historical Background

English nobles passed the Magna Carta in 1215 to limit King John's power. It represented one of England's first steps toward becoming a constitutional monarchy. The next document is a copy of the Magna Carta from 1297 in its original Latin. Following that document are excerpts of the Magna Carta translated into English with questions for you to respond to.

Excerpts from the Magna Carta

(adapted from the National Archives translation):

[14] A freeman is not to be fined for a small offence except in accordance with the manner of the offence, and for a major offence according to its greatness, ...and none of these fines is to be imposed except by the oath of honesty and law-worthy men of the neighbourhood. Earls and barons are not to be fined except by their peers and only in accordance with the manner of their offence.

[19] No constable or bailiff is to take corn or other property from anyone who is not themselves from a village where a castle is built, unless the constable or his bailiff immediately offers money in payment of... If the person whose corn or property are taken is of such a village, then the constable or his bailiff is to pay for the purchase within forty days.

[28] No bailiff is henceforth to put any man on his law or on oath simply by virtue of his spoken word, without reliable witnesses being produced...

[29] No freeman is to be taken or imprisoned or deprived of his free property or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man or send against him except by lawful judgement of his peers or by the law of the land. To no-one will we sell or deny right or justice.

Questions

In the response box that follows, answer the following questions:

1. In your own words, what are some of the rights that are established by the four clauses in the excerpt?
2. What kinds of people are protected by these clauses of the Magna Carta? What kinds of people may not be protected?
   
   
3. Who do you think this document is written for? What makes you think that?
   
   
4. In clause 14 it says, "Earls and barons are not to be fined except by their peers and only in accordance with the manner of their offence." What might be the purpose of that clause?

English Bill of Rights Historical Background

The English Bill of Rights was signed in 1689 and limited the power of the monarchy by placing the law above the ruler. King William and Queen Mary agreed to sign this document, which was written by Parliament, before becoming England's new monarchs.

Excerpts from the English Bill of Rights

Below are excerpts from the English Bill of Rights of 1689 (courtesy of The Avalon Project at Yale University, https://avalon.law.yale.edu/17th_century/england.asp).

“That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;...

That election of members of Parliament ought to be free;

That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;

That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;...

And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.”

Questions

The following questions refer to the excerpts from the English Bill of Rights. Enter your answers in the response box that follows.

1. The English Bill of Rights was intended to limit the power of King William of Orange and Queen Mary, and it made England a Constitutional monarchy. Using your own words, what are some of the rights that are protected in these excerpts from the document?
2. Are there any similarities between this excerpt and the excerpt from the Magna Carta?
   
   
3. Does it appear that individual rights increased or decreased based on this excerpt? Support your claim with evidence from the document.
   
   
4. Whose rights does this document seem to focus on most? Why might that be?

US Bill of Rights Historical Background

The amendments proposed in the Bill of Rights defined citizens' rights in relation to the newly established government under the new United States Constitution. During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government.

Excerpts from the US Bill of Rights

Excerpt from the Bill of Rights of the United States Constitution (transcript provided courtesy of the National Archives, https://www.archives.gov/founding-docs/bill-of-rights-transcript).

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances…

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Questions

The following questions refer to the excerpt from the Bill of Rights in the United States Constitution. Enter your answers in the response box that follows.

1. The Bill of Rights is the name of the first ten amendments to the United States Constitution. Based on this excerpt, what do you think was the purpose for adding these amendments to the Constitution?
   
   
2. Do the rights mentioned in the U.S. Constitution have any similarities with those mentioned in the Magna Carta or the English Bill of Rights? If so, what examples do you see?
   
   
3. Whose rights is this document intended to protect? Give examples from the text that support your claim.
   
   
4. Whose rights might not be protected by the Bill of Rights? Why?