Magna Carta and the Constitution Term Paper

Magna Carta and the Constitution

This study will focus on three sources of concepts from the U.S. Constitution in the text of the Magna Carta. They include religious freedom, the right to a speedy trial and due process of law. The study will also explain the connections between these documents using relevant examples.

The first concept is the right to religious freedom. Under this concept, the first part of the First Amendment of the constitutional bill of right of the U.S. states that the Congress will make no laws based on a religious establishment or prohibition of free exercise of religion. In the first part, the Magna Carta grants powers to God. This is confirmed by its present charter at the Church of England with its full rights and liberties, which is considered entirely free (Dickerson, Flanagan & O'Neill, 2009).

The text of Magna Carta speaks directly to the liberties under the Church of England alone; it excludes other forms of religion at a period dominated by tyranny. On the other hand, the U.S. constitution refers to liberties of all forms of religion in a fair and democratic society. The decision to worship or to worship is an individual desire and choice.The similarity is reflected in texts such as "…religion- thereof free exercise" versus "the Church of England is to be free… full liberties and rights entirely" (Vile, 2013). The two texts have employed an almost similar language derived from and alluding to a similar personal freedom. Magna Carta is simply freedom under one religion: the constitution is freedom without and within religion. Nevertheless, both documents have written about the concept of freedom of religion.

The second concept to be addressed is the due process of law. The initial section of the fourth amendment of the U.S. constitutional Bill of Rights cites "no person shall be held answerable for any capital, or infamous crime. No person shall be deprived his/her life, property or liberty in the absence of due process of law." When compared to the Magna Carta text, it says "no man shall be imprisoned or taken his/her free liberties or tenement or outlawed, free customs or ruined, nor shall we go against such a person save by a lawful judgment by law of the land or….....