ESSAY ON THE AMERICAS

 

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Essay on Evolution of Individual Rights & Liberties Prior to the Constitutional Conversion

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Essay on Evolution of Individual Rights & Liberties Prior to the Constitutional Conversion

The revolutionary period saw an extensive depredation of property held by together loyalists and creditors.  The ending of the 1780s concerned a lot of American leaders worried by this break between the rational pledge to private property as a fundamental value in a free society and the infringement of these rights by state legislatures.  Ultimately their discomfort fueled the drive for a new form of government that would afford greater protection for property. Under well-settled principles of English common law, the property of traitors was subject to forfeiture.  In 1777 the Continental Congress urged the states to seize property owned by Loyalists for the public benefit.  This recommendation initiated a wave of confiscations from New Hampshire to Georgia.  Relying on legislative power to punish traitors, state lawmakers enacted bills of attainder that declared named persons to be guilty of treason or the offense of adhering to the enemy.  Persons so designated were banished, and all their real and personal property was confiscated.”

Magna Carta is time and again thinking of as the corner stone of freedom and the chief defense aligned with arbitrary and undeserved rule in England. In fact it contains few sweeping statements of principle, however is a series of concessions wrung from the unwilling King John by his rebellious barons in 1215. On the other hand, Magna Carta established for the first time a very significant constitutional principle, namely that the power of the king could be limited by a written grant. King John's ineffective attempts to guard his dominions in Normandy and much of western France led to oppressive demands on his subjects. Taxes were inflated; reprisals against defaulters were callous, and John's administration of justice was considered capricious. In January 1215 a group of barons demanded a charter of liberties as a safeguard against the King's arbitrary behavior. The barons took up arms against John and captured London in May 1215...........

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