Directions: Answer the following questions regarding the Magna Carta:

1. How are the terms in this charter different from the way government had been conducted in Europe before(absolutism)?

2. What rights do the people gain from Magna Carta?

3. What rights do persons accused of a crime gain in section 39?

4. What situation is prevented by section 40?

5. Why would a king be hesitant to sign a document such as this one?

6. Which rights guaranteed by Magna Carta are also guaranteed in the United States?

1 answer

Here are the answers to your questions regarding the Magna Carta:

Difference from Absolutism: Before the Magna Carta, European governance was predominantly characterized by absolutism, where kings held unchecked power and ruled by divine right. The Magna Carta introduced the principle that the monarch's power could be limited by law and that the king was subject to the same laws as his subjects. This marked a significant shift towards the idea of constitutional governance and the rule of law, laying the groundwork for modern democratic principles.
Rights Gained by the People: The Magna Carta granted several key rights, including the right to a fair trial, protection from unlawful imprisonment (habeas corpus), and the right to due process. It established the idea that the king could not levy taxes without consent and that certain legal protections were afforded to free men, which restricted the arbitrary powers of the monarchy.
Rights in Section 39: Section 39 of the Magna Carta states that no free man shall be imprisoned, dispossessed, outlawed, or exiled without the lawful judgment of his peers or by the law of the land. This reinforces the idea of a fair trial and due process, ensuring that individuals accused of a crime have rights to defend themselves and cannot be punished without a legal basis.
Prevention by Section 40: Section 40 prevents the king (or his officials) from denying justice or delaying it. This means that no one can be denied right or justice through the influence of the monarchy or improper authority, ensuring that legal processes are respected and followed, which would prevent arbitrary or unjust legal actions.
Hesitation to Sign: A king would be hesitant to sign a document like the Magna Carta because it curtailed his authority and imposed limits on his power. Signing it would be seen as a relinquishment of absolute control, subjecting him to the demands and rights of his subjects. It could also set a precedent for further demands for rights and representation, weakening his sovereignty.
Rights in the United States: Many rights guaranteed by the Magna Carta have been enshrined in American law, particularly through the U.S. Constitution and Bill of Rights. These include the right to a fair trial, the protection against unlawful imprisonment (similar to the concept of habeas corpus), and due process. The principle of no taxation without representation also echoes the Magna Carta's stipulations regarding consent for taxes.

Overall, the Magna Carta serves as a foundational document in the development of individual rights and limitations on governmental power that are echoed in many modern democratic systems, including that of the United States.