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Lesson 4: What Were the British Origins of American Constitutionalism?


Media


What were the British origins of American constitutionalism?   (Video)

William the Conqueror, consolidation, and deference to customs and traditions; early English monarchs establish advisory councils; emergence of representative Parliament and royal courts; early emergence of idea of separation of powers to limit government.


Student Questions: Unit 1, Lesson 4, Sections 1-6 (pdf download)







How did the rights of Englishmen develop?   (Video)
American concept of fundamental rights as inalienable and emanating from God and/or laws of nature; popular sovereignty; parliamentary sovereignty, rights as changeable or fixed and immutable





What are the fundamental differences between British and American thinking about constitutions?   (Video)
American idea of constitutions and constitutional government focus upon constitutions as written documents, serving as fundamental or higher law, containing statements of rights, and unchanging but subject to interpretation. British see constitutions as evolving over long periods of time, e.g., documents from Magna Carta on; rights as embodied in common law or established by Parliament, rights emerging from experience , culture, and tradition.





What is "common law"?   (Video)
Common law as "judge-made rules"; slow evolution of common law; power of judges to make law; common law in the United States; American colonists' reliance on Blackstone's commentaries.





What is the principle of ​"stare decisis" and why is it so important?   (Video)
Principle and functions of stare decisis; common law and rights of Englishmen used in justification of the American Revolution.





How did British constitutionalism contribute to American constitutionalism?   (Video)

Colonists as British subjects familiar with common law and "rights of Englishmen"; grievances in Declaration focus on violations of rights of colonists as British subjects; inalienable rights not related to rights of British subjects.







King John and Magna Carta   (Video)
King John and Magna Carta.





Thirteen Colonies: The Glorious Revolution   (Video)
Glorious Revolution of 1688 and English Bill of Rights video.





Eric Foner on the Glorious Revolution   (Video)
Eric Foner is interviewed about the Glorious Revolution in 1688.





Constitutional Principles: The Rule of Law   (Video)
A video discussing the constitutional principle of rule of law.





The Signing of the Magna Carta   (Audio)
A radio dramatization of the signing of the Magna Carta from You Are There! Podcast.



The Magna Carta   (Audio)
A reading of the text of the Magna Carta. From LibriVox. Size: 13.7 mb.





The British Constitution   (Audio)
A discussion about the influence of the British Constitution on the American Constitution. From the Colonial Williamsburg podcast at History.org.





60-Second Civics, Episode 147: English Bill of Rights, Part 2   (Audio)
Continued discussion of the English Bill of Rights.





60-Second Civics, Episode 146: English Bill of Rights, Part 1   (Audio)
The English Bill of Rights.





60-Second Civics, Episode 143: English Civil War   (Audio)
The events leading to the Habeas Corpus Act of 1679.





60-Second Civics, Episode 142: Petition of Right, Part 3   (Audio)
Characteristics of the Petition of Right of 1628





60-Second Civics, Episode 141: Petition of Right, Part 2   (Audio)
Events that led to the Petition of Right of 1628.





60-Second Civics, Episode 140: Petition of Right, Part 1   (Audio)
The clash between Parliament and the English monarchy.





60-Second Civics, Episode 138: The British Constitution   (Audio)
A discussion of the British constitution.





60-Second Civics, Episode 139: The British Constitution: Foundational Documents   (Audio)
Three historical documents important in the development of the British constitution and the rights of the British people.





60-Second Civics, Episode 137: Magna Carta, Part 7   (Audio)
The Magna Carta as a source of constitutional principles.





60-Second Civics, Episode 136: Magna Carta, Part 6   (Audio)
A discussion of government by agreement or contract as a principle of the Magna Carta.





60-Second Civics, Episode 135: Magna Carta, Part 5   (Audio)
A discussion of respect for human rights as a principle of the Magna Carta.





60-Second Civics, Episode 134: Magna Carta, Part 4   (Audio)
A discussion of how the Magna Carta contained the principle of the supremacy of the law.





60-Second Civics, Episode 133: Magna Carta, Part 3   (Audio)
The Magna Carta and the rule of law.





60-Second Civics, Episode 132: Magna Carta, Part 2   (Audio)
Continued discussion of the Magna Carta.





60-Second Civics, Episode 131: Magna Carta, Part 1   (Audio)
The events leading up to the signing of the Magna Carta.





60-Second Civics, Episode 130: Rights of Englishmen, Part 2   (Audio)
Continued discussion of the rights of Englishmen.





60-Second Civics, Episode 129: Rights of Englishmen, Part 1   (Audio)
Discussion of the rights of Englishmen.





60-Second Civics, Episode 128: Stare Decisis, Part 2   (Audio)
Continued discussion of stare decisis.





60-Second Civics, Episode 127: Stare Decisis, Part 1   (Audio)
The development of stare decisis in the English common law system.





60-Second Civics, Episode 126: English Common Law   (Audio)
The development of English common law.





60-Second Civics, Episode 125: English Parliament, Part 3   (Audio)
A discussion of how Parliament proved to be effective for both the English king and his subjects.





60-Second Civics, Episode 124: English Parliament, Part 2   (Audio)
King Edward I's Model Parliament.





60-Second Civics, Episode 123: English Parliament, Part 1   (Audio)
The origins of the English parliament and the royal court.





60-Second Civics, Episode 122: Norman Conquest   (Audio)
An examination of how the Norman conquest changed English government.





60-Second Civics, Episode 121: England After the Romans   (Audio)
The origins of English government.





60-Second Civics, Episode 120: British Origins of American Constitutionalism   (Audio)
A discussion of the British origins of American constitutionalism.





60-Second Civics, Episode 162: Indentured Servants in Colonial America   (Audio)
A discussion of indentured servants in the colonies.