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Limits on government power
The significance of the Magna Carta in relation to Human Rights
Don’t take our word for it - see why 10 million students trust us with their essay needs.
More handpicked essays just for you.
Limits on government power
The significance of the Magna Carta in relation to Human Rights
Don’t take our word for it - see why 10 million students trust us with their essay needs.
According to John Locke, the government and its citizens have a social contract in which the people gives up some of their natural liberties in order for the government to protect and govern them. The colonies were used to having an independent government until after the French and Indian War, when Britain tried to gain more revenue to cover the expense of the war. The Wool Act of 1699, Hat Act of 1732, and the Iron Act of 1733 was a tool Britain used to keep the colonies dependent on the mother country. The colonies didn’t feel it was fair for Britain to control their way of life after decades of independence in their laws. The colonists felt their lack of representation in the Parliament gives Britain no right to inflict them with more taxes.
Imagine being unjustly ruled by a foreign power without any voice in the government. Would this not invoke outrage? Such was the thoughts of the English colonists perched on the eastern coast of America. Outraged by having no say in their laws, the colonists thoughts were voiced clearly in the famous words of James Otis "Taxation without representation is tyranny," as act after act was enacted into law by the English Parliament. The colonists did not like to be seen as cattle, with the sole purpose to produce profit for the English.
In addition, “A government of our own is our natural right: and when a man seriously reflects on the precariousness of human life, he will become convinced that it is infinitely wiser and safer, to form a constitution of our own in a deliberate manner.” This example presents that the government is the colonists’ right as well, because it is what they are being ruled by. When one thinks about life’s rollercoaster, it is believed that it is smarter and safer to have a formal constitution. This shows that the colonists should have a voice in their government, even though the king’s ideas are
The declaration of independence as explained by Coleman as being “ a document that proclaim the rights of the colonies to be spate from Great
The last Chapter of the book deals with the change in how Americans viewed the Declaration between 1776 and the Civil War, concluding with how
This allowed citizens to obtain rights that threatened the government’s power. “That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal” (English Bill of Rights). The Constitution similarly allows for petitioning of the government, this can be seen as a way to gather constructive criticism from the general public even if it does weaken the integrity of the government (U.S. Constitution Amendment I). The English Bill of Rights and the Constitution both allow for citizens to own arms. (U.S. Constitution Amendment II)
Many of those ideas originated in England and then came to America. Since the colonists lived under British influence, they valued the British customs. For example, there was the Magna Carta, the Petition of Rights, and the English Bill of Rights. The Magna Carta gave the Rule of Law, which meant that the governmental leaders and its citizens had to obey the laws, and the right for people to give consent to taxes. The Petition of Rights stated that the government cannot hold a person in prison for no reasonable cause and the government cannot quarter soldiers in people’s homes.
In this document, Jefferson declared the need to separate from the British Empire and voiced the opinion of many Americans views about our rights as humans. Additionally, Jefferson believes that God created every man with rights no one can take away, the right to live, the right to freedom, and the right the pursue happiness. Jefferson goes on to argue, that we the people have rights that cannot be taken away and it is the right of the people to abolish such a government, which tries to take away our God given rights. In support of Thomas Jefferson, the ideal government should be designed and ran for the people, and judged by how effectively it secures the rights of the people while promoting happiness and equality. The government is the only foundation that can make our rights of justice, liberty, and equality, become reality.
Usually, rights for people were written by the government, such as the rights of Englishmen, but the idea of the government protecting rights that were already endowed to humans was supported by American colonists who were against the idea of the numerous violations of the Rights of Englishmen, which included taxation without consent. These taxes later popularized the famous slogan, “no taxation without representation,” first said by James Otis; most colonists believed that
“That to secure these rights, Governments are instituted among Men deriving their just powers from the consent of the governed” (Jefferson, 1776/2014, para. 2). Authority should not reside over individuals, but with them. A heart cannot run a body alone. Likewise, a government does not operate a nation by itself. Individuals help maintain the justice of authority.
We have experienced firsthand unequal treatment from the King of England. We have seen the King punish people for any number of things- perhaps something just as simple as dissension with the government or because they did not follow the official established religion. As we create our new government we must include protections for the people, so the government does not have all the power. The Constitution alone does not provide sufficient protection against abuses of power by the federal government, for personal freedoms to be broad, the power of the federal government must be limited. The Bill of Rights, the first ten amendments of the Constitution, list the fundamental liberties, our basic rights, as Americans and places limitations on the federal government.
The Declaration of Independence states, “--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”. In the article Why Government, it states, “But Locke also believed that governments should protect people’s natural rights.” Both of these quotes show that the purpose for creating government, is so that the protection of the natural rights of the people is ensured. Also, the idea that these fair powers are just what Men (human beings) are receiving and what they should receive from the creation of governments. Both of these quotes combine with each other, because of the pinpointed idea of how the government was created in order to benefit to the natural rights of the people, and to protect these
It also brings the quarrel with England from a political dispute to a very large event. It implies that America’s situation has problems with moral legitimacy. The introduction identifies the purpose of the Declaration; to declare the causes of America breaking off from England. The preamble outlines a general philosophy of government that makes revolution justifiable.
These rights were made in order to establish laws that protected individuals. Both the Magna Carta and the Bill of Rights allow citizens to develop their own countries without a ruler who is above the law. The two documents gave the people the right to a fair trial and jury. As well as a fair trial, the Magna Carta inspired the Bill of Rights to give people the right to have witness to defend them when accused. For all who these laws apply to, it states in the Bill of Rights and Magna Carta that one may not be denied these rights.