Creating a New Form of Government

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1 Analyzing the Influences of the Enlightenment on the U.S. Constitution Baron von Montesquieu The Spirit of Laws (1748) Book XI To Prevent their abuse, it is necessary from the very nature of things that Power should be Checked to Power When the Legislative and Executive powers are united in the Same Person, or in the same Body of Magistrates, there can be No Liberty Again, there can be No Liberty, if the Judiciary power be not separated from the Legislative or Executive These three powers should naturally form a State of Constant Repose..... Forced to move in Concert with one another. A. ARTICLE 1 LEGISLATIVE BRANCH B. ARTICLE 2 EXECUTIVE BRANCH C. ARTICLE 3 JUDICIAL BRANCH

2 Analyzing the Influences of the Enlightenment on the U.S. Constitution Voltaire (1763) Dictionnaire Philosophique It does not require great art, or magnificently trained eloquence, to prove that Christians Should Tolerate Each Other It is clear that the Individual who Persecutes a Man, his brother, Because he is not of the Same Opinion, is a Monster We have a Natural Right to make use of our Pens as of our Tongue, at our Peril, Risk, and Hazard I Detest what you Write, but I would Give My Life to make it possible for you to Continue to Write Amendment 1 FREEDOM OF SPEECH, RELIGION & EXPRESSION

3 Analyzing the Influences of the Enlightenment on the U.S. Constitution Cesare Beccaria Of Crimes and Punishments (1764) It is an essential point, that there should be a certain Proportion in Punishments, because it is essential that a Great Crime should be avoided rather than a smaller one That a Punishment may not be an Act of Violence, of one or of many, against a private member of society, it should be Public, Immediate, and Necessary, the Least Possible in the case given, Proportioned to the Crime, and Determined by the Laws Montesquieu The Spirit of Laws (1748) Book VI Amendment 8 NO CRUEL OR UNUSUAL PUNISHMENT

4 Analyzing the Influences of the Enlightenment on the U.S. Constitution Jean J. Rousseau The Social Contract (1763) Book I, Part 6 The People, in whom the Supreme Power resides, ought to have the management of everything within their reach..... It is likewise a Fundamental Law in Democracies, that the People should have the Sole Power to Enact Laws Each of us puts his person and all his will in Common under the Supreme Direction of the General Will, and, in our Corporate Capacity, we receive each member as an Indivisible Part of the Whole Montesquieu The Spirit of Laws (1748) Book VI Amendment 10 POWER of the STATE of the PEOPLE

5 Analyzing the Influences of Old English Laws on the U.S. Constitution Magna Carta (1215) Part 1 In the first part, we have Granted to God, and by this our Present Charter confirmed for us and our heirs forever, that the English Church shall be Free That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be Impeached or Questioned in Any Court English Bill of Rights (1689) Amendment 1 FREEDOM OF SPEECH, RELIGION & EXPRESSION

6 Analyzing the Influences of Old English Laws on the U.S. Constitution Magna Carta (1215) Part 39 No Freeman shall be taken or imprisoned, or exiled, or in any way destroyed..... Except by the Lawful Judgment of his Peers, or the Laws of the Land That No Freeman may be taken or imprisoned... or outlawed or exiled, or in any manner destroyed, but by the Lawful Judgment of His Peers, or by the Laws of the Land Petition of Rights (1628) Part III English Bill of Rights (1689) That Jurors ought to be duly impanelled and returned, and Jurors which pass upon men in trial ought to be freeholders ARTICLE 3, SECTION 2 TRIAL BY JURY

7 Analyzing the Influences of Old English Laws on the U.S. Constitution Magna Carta (1215) Part 40 To No One shall we Refuse or Delay the Right of Justice For the Prevention whereof, and the more Speedy Relief of all Persons Imprisoned for any such Criminal or supposed Criminal Matters Act of Habeas Corpus (1679) Part II, Section 1 AMENDEMENT 6 RIGHT TO A SPEEDY TRIAL

8 Analyzing the Influences of Old English Laws on the U.S. Constitution English Bill of Rights (1689) That Excessive Bail ought not be required, nor Excessive Fines imposed, Nor Cruel and Unusual Punishment Inflicted ARTICLES or AMENDMENTS? AMENDMENT 8 CRUEL OR UNUSUAL PUNISHMENT