There are differences of opinion among , historians about the specific international influences on the overall development of the American Constitution, possibly because of the large variety of sources that are available. Many argue that several of the ideas in the Constitution were new, and that a large number of ideas were drawn from Classical Antiquity and the British governmental tradition of mixed government, which was in practice among 12 of the 13 states. Many historians do not specifically consider other sources, but the ideas advocated by the writings of Charles de Secondat, Baron de Montesquieu are prominent among the contenders of non-British European influences. A number of historians also note the direct influence of the Republic of the United Provinces, which had itself a Constitution in place for two centuries by 1781 with many similarities to the American Constitution — some of their ideas though were also drawn from Classical Antiquity.
Not surprisingly, the influence of the United Kingdom is considered more prominent than other contemporary European influences. John Locke is known to be a mild influence, and the due process clause of the United States Constitution was partly based on ideas from Article 39 from the Magna Carta of 1215 which states that:
No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land.
The English Bill of Rights (1689) also acted as a source of ideas for the United States Constitution. For example, like the English Bill of Rights, the U.S. Constitution requires jury trials, contains a right to bear arms, and prohibits excessive bail and of “cruel and unusual punishments.”
Liberties guaranteed by Magna Carta and the 1689 English Bill of Rights were directly incorporated into state statutes and the Virginia Declaration of Rights, and many were then further incorporated into the Constitution and the United States Bill of Rights.
2006-11-07 13:40:42
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answer #1
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answered by Prabhakar G 6
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The clue to the answer is in your question. "Bill of Rights (1689)" "Declaration of independence(1776)"
2016-05-22 09:09:37
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answer #2
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answered by Anonymous
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