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Envisioning a world without laws or a set of guidelines seems purely chaotic. Society would turn into an unconscionable primitive nature. Citizens would embark on actions that would build on their human consciousness. These actions would seem right to some and wrong to others.
There would be no laws to govern crimes or wrongdoings and no consequences for that matter. Without any consequences for one’s behavior there would be no rules. Society as a whole would need a set of guidelines that each member would abide by.
The citizens would abide by these rules but would also be protected by the government.
The purpose of the constitution is to maintain peace and order amongst the citizens of society. According Maisel (2003) The constitution created on September 17, 1787 is a document that serves as a structural piece of law that grants but also limits the powers of government it builds. Therefore, it creates a structural set of rules that society abides by and governs those rules but also protects the citizens under that government.
The Magna Carta was a historic document created on June 15, 1215 that was an attempt by the citizens or barons of the land to prevent the king of misusing his power.
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Referenced in (“The Utah Bar Journal,”2015) This document was proposed as a resolution to a time that had political dilemmas between the King that was ruling over the barons.
This was an answer to a society that had been feuding. This was an establishment for the first time that every individual including the King in power was to be subject to law.
A charter of liberties that has the principles of limited government rights of the people.
The roots and influences of the Magna Carta are present in many principals of the Constitution today. In spite of being created and written in two different time periods there are many similarities between these two documents. When one looks closely, you can see that some ideas from the Magna Carta itself are incorporated in the United States Constitution. One such similarity involves trial. both documents have language built in involving due process which led to trial by jury.
In the Constitution this is affiliated with the judicial branch. The magna Carta states that everyone has the right to a fair trial. The Fifth Amendment of the US Constitution states, “no person shall...be deprived of life, liberty, or property, without due process of law,” as written in (“The Constitution of the United States” 2017). This notion was directly taken from the Magna Carta and incorporated hundreds of years later into the Constitution we use today.
Another similarity between the two historic documents involved are similarities involving religion. The Magna Carta guarantees the freedom of the church. This clause would prevent the king from meddling in the church affairs. C. B., & J. H. (2014). In the US Constitution this is listed in the first amendment where freedom of religion is free from congress and there will be no law constraining or forbidding any exercise of religion.
This is such a crucial statement that is used in our society today. In the present time we are surrounded by a diverse community where individuals are allowed to practice the faith and religion that they are accustomed to and believe in. This has allowed us to be the leaders of our own faith.
The similarity involving taxes is also apparent between the two documents. In the Magna Carta it was apparent that Parliament and only Parliament would have the authority to levy taxes and not the king. In the United States our government does not have a parliament however we do have a Congress. Therefore, our president is not the authority to levy our taxes, it is Congress. This is stated in the Sixteenth Amendment to the US Constitution. (“The Constitution of the United States” 2017).
Taxes are crucial for the government to carry out important matters whether it is an army, governmental programs for the elderly, or less fortunate, building of necessary roads or structures. This principle has to do with the consent of collecting taxes which means that the king cannot collect taxes from the people whenever he sees fit. He will need permission to be granted from representatives of those barons.
One other important similarity that I wanted to mention is the similarities of having a fair witness. This indicates that no man will be put on trial if there has been no credible witness to his or her crimes. This is stated in the 38th clause of the Magna Carta. (Funk &Wagnalls, 2017). This is still a crucial part of how our government works today. A person cannot by any means be put in prison unless there are credible witnesses to testify to the crimes that have been committed.
There has to be sufficient evidence to prove an individual is either guilty or innocent. Had this not have been written that meant there was one king, one lawmaker which meant depending on his decision one would either live or die without any trials or witnesses. Once this principle was put into place it indicated that the king will no longer become the judge, it will have to be delegated to someone other than the king.
It is because of the Kings abuse that the Magna Carta was created. Our rights that we as Americans view today have their traces from this document. This is the blueprint for many of those principles. In the end it is fair to state that our government has a lot of ties to England. We have incorporated a lot of ideas and privileges from those who fought to gain them.
It is because of this document that we now have the basis for all of these privileges. This shaped our world and has strong influences on how our government runs today. It shapes each and every one of us as citizens under a government. The liberties of us as people are protected. Everyone is now being treated equally under one common law. No individual is or ever will be above that law.
Bretil Karimian
LS500-01 Legal Methods and Process
Term 1802C
April 21, 2018
Works Cited
World Without Laws. (2020, Jun 02). Retrieved from https://studymoose.com/envisioning-a-world-without-la-21221-new-essay
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