Tell students that they will examine each document (abridged versions) to see if there are any similarities between the two documents.

Transcription

1 U.S. Bill of Rights and the Magna Carta Grades 5-12 Student Target SS.5.A.5.3, SS.5.C.1.5, SS.7.C.1.2, SS.8.C.1.5, SS.912.C.1.1, SS.912.C.1.5, CCSS.ELA- LITERACY.RF.5.4.A, CCSS.ELA-LITERACY.W.5.9, CCSS.ELA-LITERACY.W.6.9, CCSS.ELA- LITERACY.W.7.9, CCSS.ELA-LITERACY.W.8.9, CCSS.ELA-LITERACY.W , CCSS.ELA- LITERACY.W Materials Teacher: computer, screen, projector, copies of attached the US Bill of Rights, Magna Carta (both can also be accessed online at the below listed web sites, copies of Student Handout and Worksheets A and B. Student: access to computer (if needed), pen/pencil, blank paper (if needed), copies of US Bill of Rights, Magna Carta, Student Handout, Worksheets A and B. Warm-up The Bill of Rights is one of the most important documents that we have. It lists a variety of rights and freedoms that the first Congress made sure everyone living in the United States could enjoy. Ask students if they know what the Bill of Rights (1791) and the Magna Carta (1215) are. Do they know what each document specifies about one s rights and freedoms? How important are these documents? Both documents are cornerstones of our liberties. The Magna Carta also limited the power of the King. Tell students that they will examine each document (abridged versions) to see if there are any similarities between the two documents. To see these documents in their entirety visit: Bill of Rights: Magana Carta: Vocabulary Amendment Bill of Rights habeas corpus Magna Carta Main Lesson For the lesson, review the below with the class. The Bill of Rights (Ratified in 1791) On September 25, 1789, the First Federal Congress of the United States proposed to the state legislatures twelve amendments to the Constitution. The first two, concerning the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles three through twelve, known as the Bill of Rights, became the first ten amendments to the U.S. Constitution and contained guarantees of essential rights and liberties omitted in the crafting of the original document. James Madison introduced the amendments that would become the Bill of Rights. (From Library of Congress, HSPBC/Johnson History Museum 1

2 The Bill of Rights guarantee a number of personal freedoms, limits the government's power in judicial and other proceedings, and reserve some powers to the states and the public. They provide for freedoms not explicitly indicated in the main body of the Constitution. These freedoms include freedom of religion, freedom of speech, freedom of the press, and free assembly; the right to keep and bear arms; freedom from unreasonable search and seizure, security in personal effects, and freedom from warrants issued without probable cause; indictment by a grand jury for any capital crime; guarantee of a speedy trial with an impartial jury; among other rights and freedoms. The Bill of Rights were influenced by such documents as the Magna Carta (1215), the English Bill of Rights (1689), and Virginia Declaration of Rights (1776). The Magna Carta In 1215 King John of England (ruled ) was forced to sign the Magna Carta or Great Charter or Great Paper, as his subjects tried to limit his powers by law. Under the Magna Carta, the King was required to renounce certain rights concerning some legal procedures and that the King s will could be bound by law. The document also protected certain rights of the monarch s subjects, most notably the writ of habeas corpus, allowing appeal against unlawful imprisonment. The writ of habeas corpus historically has been an important instrument for the safeguarding of individual freedom against arbitrary actions of the state. The Magna Carta influenced the development of common law and our Founding Fathers when they were writing the U.S. Constitution. Like the U.S. Constitution, the Magna Carta went through changes over time. Divide class into groups and handout copies of the Bill of Rights, the Magna Carta, and the Student Handout: Compare and Contrast. Have students read both documents. After reading them, have the groups compare and contrast the two documents. Identify passages that are similar and those that are not. After completing the exercise, have each group discuss which points they found to be similar and which are not. Reflection Warm-up: Ask students to explain the importance of the Bill of Rights. Ask them if they can name some of the rights and freedoms that it guarantees. As students answer, write their replies on the board. For the Reflection Activity, students will work independently and in groups. Handout Student Worksheet A. Working independently, students will rank ten rights and freedoms guaranteed by the Bill of Rights. After they complete Worksheet A, divide the class into groups and have them compare how each student ranked the listed rights and freedoms. After each group has discussed their worksheet, handout Worksheet B to each group. As a group, have them repeat the exercise using Worksheet B. Afterwards, have a representative of each group explain to the class how and why they ranked the list of rights and freedoms. There is no right or wrong answer to this exercise. Assessment Completing of all worksheets, classroom participation. Attachments The Bill of Rights (abridged with notations) Magna Carta (abridged with notations) Student Handout: Compare and Contrast Reflection Activity: Worksheet A Reflection Activity: Worksheet B HSPBC/Johnson History Museum 2

3 The Bill of Rights: A Transcription The Preamble to The Bill of Rights Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine. THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz. ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. 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. (Congress can t make any law that: Favors one religion over another religion, or no religion at all, or opposes any religion; Stops you from practicing your religion as you see fit; Keeps you from saying whatever you want, even if you are criticizing the President of the United States; Prevents newspapers, magazines, books, movies, radio, television or the internet from presenting any news, ideas, and opinions that they choose; Stops you from meeting peacefully for a demonstration or protest to ask the government to change something.) Amendment II A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. (Congress can t stop people from having and carrying weapons.) Amendment III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. (You don t have to let soldiers live in your house, except if there is a war, and even then Congress needs to pass a law and set the rules.) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (Nobody can search your body, or your house, or your papers and things, unless they can prove to a judge that they have a good reason for the search.) Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be HSPBC/Johnson History Museum 3

4 subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Except during times of war or if you are in the military: You can t be tried for any serious crime without a Grand Jury meeting first to decide whether there s enough evidence against you for a trial; If at the end of a trial, the jury decides you are innocent, the government can t try you again for the same crime with another jury; You cannot be forced to admit you are guilty of a crime and if you choose not to, you don t have to say anything at your trial at all; You can t be killed, or put in jail, or fined, unless you were convicted of a crime by a jury and all of the proper legal steps during your arrest and trial were followed; and the government can t take your house or your farm or anything that is yours, unless the government pays for it at a fair price.) 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 defense. (If you are arrested and charged with a crime: You have a right to have your trial soon and in public, so everyone knows what is happening; The case has to be decided by a jury of your peers (ordinary people), if you wish; You have the right to know what you are accused of doing wrong and to see and hear and cross-examine the people who are witnesses against you; You have the right to a lawyer to help you. If you cannot afford to pay the lawyer, the government will.) 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. (You also have the right to a jury when it is a civil case (a law case between two people rather than between you and the government.) Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (The government can t make you pay more than is reasonable in bail or in fines, and the government can t inflict cruel or unusual punishments (like torture) even if you are convicted of a crime.) Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (Just because these rights are listed in the Constitution doesn t mean that you don t have other rights too.) Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (Anything that the Constitution doesn t say that Congress can do is left up to the states and to the people.) From The National Archives and the ACLU and HSPBC/Johnson History Museum 4

5 Magna Carta (Abridged edition. To read the complete transcription of the document, visit Information is from Magna Carta with Annotations, abridged, EDsitement, National Endowment for the Humanities, and in part from JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting. KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heirs, to the honor of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the knighthood of the Temple in England, William Marshal earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects: (1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections - a right reckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity. (The writers have a problem with King John, not the Church. They want the Church to be able to act without the king s interference.) TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs: (At the time, this covered about 10% of the population; however, over time, as more of the population qualified as free men, it came to include practically all of the people of Great Britain.) (12) No 'scutage' or 'aid' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes only a reasonable 'aid' may be levied. 'Aids' from the city of London are to be treated similarly. (No tax with out consent; scutage- a feudal tax paid in place of serving in the army.) (14) To obtain the general consent of the realm for the assessment of an 'aid' - except in the three cases specified above - or a 'scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared. (20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In HSPBC/Johnson History Museum 5

6 the same way, a merchant shall be spared his merchandise, and a villein the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighborhood. (Punishment for violations of the law was to be in proportion to the seriousness of the offense, thus establishing a standard of fairness.) (21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence. (Punishment for violations of the law was to be in proportion to the seriousness of the offense, thus establishing a standard of fairness.) (36) In future nothing shall be paid or accepted for the issue of a writ of inquisition of life or limbs. It shall be given gratis, and not refused. (This section required that an investigation be conducted in any case that might result in the defendant being deprived of life or limb, and subject to punishment. The writ calling for the investigation was to be issued free of charge.) [A writ is a legal document issued by a court, under the authority of the state, compelling certain action to be taken.] (A precursor to the writ of habeas corpus, this chapter required that an inquiry be conducted in any case that might result in the defendant being deprived of life or limb, i.e., subject to punishment. The writ calling for the inquiry was to be issued free of charge. This established one of the essential elements of due process of law.) (38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it. (Another key element in due process, this chapter required faithful witnesses to attest that a man had committed a crime before he was formally accused and prosecuted.) (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. (The requirement for a jury of one s peers (or, as the British Library translation puts it, the lawful judgment of his equals ) is probably the most famous and certainly one of the most crucial guarantees of due process in the Magna Carta. In the context of the time in which it was written, this provision meant that a person could present his case to members of his own class; it did not, however, mean that a jury (as we understand that term) would hear the case and render a verdict.) (40) To no one will we sell, to no one deny or delay right or justice. (The practice, until this was written, was to charge a fee for certain writs. These charges were considered a way for the king to raise revenue.) (60) All these customs and liberties that we have granted shall be observed in our kingdom in so far as concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them similarly in their relations with their own men. (This chapter enlarged the scope of the Magna Carta, implying that the right and liberties would be extended to all men and by all men within the kingdom.) (63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably in their fullness and entirety for them and their heirs, of us and our heirs, in all things and all places for ever. HSPBC/Johnson History Museum 6

7 Student Handout Compare and Contrast List 4 sections/amendments that are similar in the Magna Carta and the US Bill of Rights. Magna Carta US Bill of Rights List 3 rights or freedoms that are different in each document. Which document states that people have the right to keep and bear arms? Compared to the US Bill of Rights, what basic rights were left out of the Magna Carta that you think are important? HSPBC/Johnson History Museum 7

8 Reflection Activity Student Worksheet A Directions: Working independently, number the following rights in the order of their importance in your opinion from 1 to 10 (1 being most important and 10 the least important). Freedom of speech Freedom of religion Right to a jury trial Freedom of the press Freedom from cruel and unusual punishments Right to keep and bear arms Right to control your own property Freedom of assembly Freedom from quartering troops in your home Freedom from unreasonable search and seizures Explain why you mark the freedom or right as being the most important (marked number 1) HSPBC/Johnson History Museum 8

9 Reflection Activity Student Worksheet B As a group, number the following rights in the order of their importance in your opinion from 1 to 10 (1 being most important and 10 the least important). Freedom of speech Freedom of religion Right to a jury trial Freedom of the press Freedom from cruel and unusual punishments Right to keep and bear arms Right to control your own property Freedom of assembly Freedom from quartering troops in your home Freedom from unreasonable search and seizures After completing the exercise, have one member of the group tell the class how the group ranked the above rights and freedoms. HSPBC/Johnson History Museum 9