How Did Great Britain Contribute to the Constitution
The relationship between Great Britain and the United States has changed and evolved over centuries, since Great Britain signed the Treaty of Paris which recognized the independence of the U.S. in 1783. Nonetheless, several vital aspects of the U.S. Constitution have a direct connection with the country’s previous colonizer, Great Britain.
A good example of this connection is the choice of the U.S. Supreme Court to use the common law system, which is the form of legal system developed in the British Isles, as a base for their decisions. British common law was then expanded to serve the purpose of the new nation, as was the case with the royal charters and statutes, but also adopting the unwritten constitution of Great Britain.
The Bill of Rights, which was added as the first ten amendments to the U.S. Constitution a few years after the nation gained its independence, was also rooted in British law. The original draft of the Bill of Rights included some points that were based on rights found in English law. In the same line of thought, the congressional investigative hearing and the right to protect oneself through a trial by jury is also seen in the British parliament.
Additionally, the foundation of the three branches, the judicial, legislative and executive branches, was inherited from Great Britain, in the purpose of providing a balance of power among them. Even though the U.S. Constitution slightly changed the form of the three branches to match the needs and ideals of the new nation, the thought of having this three-part organization is attributed to the British.
One of the most important ideals embraced by the United States in its Constitution is the separation of powers. This principle was first seen in the British system before when the House of Lords was given the role of breaking the dominance of what was known as the Divine Right of Kings.
The history of the State of Maryland also played an important role in such principle. It was in the State of Maryland that the idea of having three different branches of government was proposed. This proposal was based on the ideas developed in the British system previously, specifically on the checks and balance system, which limits the power of one branch from dominating the other two.
The Contributions of the British Constitution to the US System of Government
The British system of government was the primary source of inspiration for the formation of the US government system. The “separation of powers”, the tripartite system of government, the rule of law, the right to bear arms, the right to trial by jury and the right to self-representation were all ideas developed in the British system of government before the adoption of the US Constitution.
The separation of powers and the tripartite system of government are two of the most important aspects of the US government, as seen in the US Constitution. The separation of powers is the idea that three branches of government—executive, legislative and judicial—work independently of each other to maintain a sense of balance in governmental affairs. This system was first introduced in the British government, and although it was adapted for the US Constitution, these key ideas remain essential parts of the US system of government.
The rule of law is another concept that is based in the British system and is sometimes referred to as the “supremacy of law”. This concept is essential in a system in which the governed are to be protected from abuse of power by the governmental entities. The US Constitution does not fully embrace the British legal system, as the US opted for a combination of British rule of law, its own constitutional law, and civil law.
The right to bear arms is also based on the British system, as the “right to have arms” was a right used by the British citizens to defend themselves against a tyrannical government. The US Constitution includes the Second Amendment, which guarantees the people the right to bear arms and the right to self-defense. This amendment was not just put in place for the purpose of self-defense, but also to act as a deterrent to anyone thinking of tyrannizing the people of the United States.
The right to trial by jury is a right that originated in the British system, which allows a group of citizens to evaluate the evidence presented in a criminal case and make a decision based on what is right in that particular case. The US Constitution included this right, as it is seen as an important aspect of achieving justice. Additionally, it gives the people accused of crimes the right to defend themselves in court.
Conclusion
Overall, the United States adopted several ideas and principles of the British system in the construction of the US Constitution. Examples of these are the separation of powers, the tripartite system of government, the rule of law, the right to bear arms, the right to trial by jury and the right to self-representation. All these ideas were adopted in various forms to better suit the needs of the US Constitution and the newly established US nation.
Ideas Influenced By Religion
In addition to ideas taken from the British system, certain aspects of the US Constitution are influenced by religious thinking. The idea of freedom from oppressive laws, respect for all people regardless of religious belief, and belief in the inherent value of life all originate from religious perspectives.
The ideas of freedom from oppressive laws are rooted in the Bible, as well as principles of fairness and justice in legal matters. The respect for all people regardless of their religion is based on the principle of tolerance. In addition, belief in the inherent value of all life is also a fundamental tenet of most religions. These religious beliefs were influential in the formation of the US Constitution and are still seen in its framework today.
Furthermore, certain aspects of the US government are based in religious principles. The First Amendment of the US Constitution states that Congress should not establish a national religion, and that people have the right to practice their own religion freely. This principle was derived from the belief that all people should be free of religious persecution, and that government should be neutral in regards to religious belief.
The concept of natural law, or laws based on eternal principles, is another example of a religious influence on the US Constitution. This concept is rooted in the belief that laws should be based on a common morality that is reflective of natural rights and human dignity. This principle has been incorporated into the US Constitution in various ways, such as the prohibition on cruel and unusual punishments and the right to due process.
The Role of Precedent in the US Constitution
The principle of precedent in the US Constitution is another example of a concept that was adopted from the British system. Precedent, or stare decisis, is the idea that similar cases decided in the past serve to guide the court in making a decision in the present. This means that the court is not creating new law, but is applying the law already established by prior cases.
The principle of precedent is essential to the stability and consistency in the US legal system. If the law were constantly changing depending on the case at hand, the law would be difficult to decipher and would often be uncertain for citizens. The idea of precedent helps to ensure that the law will remain consistent and, thus, serve the citizens of the United States better.
In addition to providing stability and consistency in the law, precedent has a larger role to play in the US Constitution. Precedent allows the court to look to the past for guidance and to serve as a reminder that the law is not distinct from the people, but is rather a product of their collective values and ideas. This principle helps ensure that laws embodied in the US Constitution remain reflective of the American people and continue to serve the society as a whole.
The Debate Surrounding the US Constitution
Despite the fact that the US Constitution has served the country for centuries, there is still debate surrounding the relevance of certain aspects of it. For example, the Second Amendment has been a heated topic of debate for years, with many believing that the amendment is outdated and no longer serves to protect the citizens of the United States. Similarly, the 14th Amendment guaranteeing equal protection to all citizens has come under scrutiny as to whether or not it makes sense for the US today.
Overall, the US Constitution has been essential in the formation and growth of the country. Many aspects of the US government, legal system, and rights of its citizens can be traced back to the ideas contained in this document. As the nation continues to evolve and change, there is sure to be continued debate about what should and should not be included in the US Constitution.
Modern Interpretations of the US Constitution
Interpretation of the US Constitution does not remain static. As the federal government continues changes and new laws are created, so do interpretations of the Constitution. Over the years, many issues have been viewed differently by various presidents as well as by the Supreme Court.
The Supreme Court has the power to interpret the US Constitution, and this is an important role in determining the direction of the United States. The Supreme Court is also able to set a precedent for future cases with its decisions. This allows for more consistent interpretations of the Constitution, and helps define the rights of citizens as well as how laws are to be applied in the country.
The interpretation of the Constitution also depends on the president and their beliefs. Presidents have the power to shape public opinion and influence the interpretation of the document. This is seen in the ways that different presidents have viewed the Second Amendment, for
