If you didn't, or don't, like history the the term Magna Carta probably rings a bell, but it seems just a tiny footnote that a teacher wanted you to remember for some unknowable reason. But the Magna Carta, or Great Charter, was extremely important, both in England, and in America.
By 1215, thanks to years of unsuccessful foreign polices and heavy taxation demands, King John of England was facing down a possible rebellion by the country's most powerful Barons. Under duress, he agreed to a "charter of liberties" known as the Magna Carta, that would place him and all of England's future sovereigns within a rule of law. Though it was not initially successful, the document was reissued, with alterations, in 1216, 1217, and 1225. Eventually it served as the foundation of English common law. Later generations of Englishmen would celebrate the Magna Carta as a symbol of freedom from oppression - as would the Founding Fathers of the United States of America, who used the Magna Carta as a historical precedent for asserting their liberty from the English crown.
John, the youngest son of Henry II and Eleanor of Aquitaine, was not the first English king to grant concessions to his citizens - though he was the first to do so under a threat of civil war. Upon taking the throne in 1100, King Henry I issued a Coronation Charter, in which he promised to limit taxation and the confiscation of church revenues, among other abuses of power. Henry, however, decided to ignore these promises, and the Barons lacked the power to enforce them. Later, though, the Barons gained more leverage when the English crown needed to fund the Crusades - and then pay the ransom for John's older brother, Richard the Lionheart, who was taken prisoner by the German Emperor during the Third Crusade.
In 1199, when Richard died without an heir, John was forced to contend with a rival for succession - his nephew, Arthur, the young son of John's elder brother Geoffrey, the Duke of Brittany. King Phillip of France supported Arthur for England's crown, and there was war. John won and was able to consolidate his power. But he angered many of his supporters with his cruel treatment of his prisoners - including Arthur, who was probably murdered at John's order. John renewed his war with France, and by 1206 had lost both Normandy and Anjou, along with other continental lands.
King John began a feud with Pope Innocent III in 1208, which further damaged his prestige. He then became the first English sovereign to be excommunicated (followed later by Henry VIII and Elizabeth I). After another embarrassing military defeat by France in 1213, John attempted to refill his treasury - and rebuild his reputation - by demanding scutage (money that was paid in lieu of military service) from the Barons who had not joined him on the battlefields of France. By this time, Stephen Langton, the Archbishop of Canterbury (whose appointment John opposed), was able to direct the unrest of the Barons and they put increasing pressure on King John for concessions.
With negotiations stalled in early 1215, civil war broke out, and the rebels, led by Baron Robert FitzWalter, took control of London. Forced into a corner, King John yielded, and on 15 June 1215 (at Runnymede on the Thames River) John accepted the terms in a document called the Articles of the Barons. Four days later, after further modifications, the King and Barons issued a formal version of the document which would be known as the Magna Carta. Intended as a peace treaty, the charter failed it's goals, as civil war broke out again within three months. King John died in 1216, and the advisers of John's 9-year-old son, Henry III, reissued the Magna Carta with some of it's most controversial clauses removed. This averted threatened conflict. The document was reissued in 1217 and once again in 1225, in return for a grant of taxation to the King.
Written in Latin, the Magna Carta was effectively the first written constitution in European history. Of it's original 63 clauses, many concerned the various property rights of the Barons and other powerful citizens, which suggests the limited intentions of the framers. The benefits of the charter were for centuries reserved only for the elite classes, while the majority of citizens still lacked any voice in the government. In the 17th century, however, two defining acts of English legislation had dramatic implications for future legal systems in the United Kingdom and America. The Petition of Right (1628) and the Habeus Corpus Act (1679) referred to Clause 39 in the Magna Carta, which states that "no free man shall be... imprisoned or dispossessed... except by the lawful judgment of his peers or by the law of the land." Clause 40 was also very important - "To no one will we sell, to no one will we deny or delay, right or justice."
In 1776, our rebellious forefathers looked to the Magna Carta as a model for their demands of liberty from the English crown. The legacy of the Magna Carta is especially evident in the Bill of Rights and in the Constitution of the United States of America - and nowhere more so than in the Fifth Amendment ("Nor shall any persons be deprived of life, liberty, or property without due process of law"), which echoes Clause 39, written in 1215. Many of our state constitutions also include ideas and phrases that can be traced directly to the Magna Carta.
Showing posts with label Bill of Rights. Show all posts
Showing posts with label Bill of Rights. Show all posts
Monday, January 9, 2017
Thursday, June 23, 2016
America's Second Amendment to the Constitution - Part IV
The exact language of the second amendment is: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." I've discussed arms and ammunition in the previous two blogs regarding the Second Amendment. What is a militia?
The word "militia" itself, is from the Old English milite meaning soldiers (plural), from militisc meaning military, and also from Classical Latin milit- and miles meaning soldier.
The Modern English term militia dates to the year 1590, with the original meaning now obsolete: "the body of soldiers in the service of a sovereign or a state." Subsequently, since approximately 1665, militia has taken the meaning "a military force raised from the civilian population of a country or region, especially to supplement a regular army in an emergency, frequently as distinguished from mercenaries or professional soldiers."
The early colonists of America considered the militia an important social institution, necessary to provide defense and public safety.
The term militia in the United States has been defined and modified by Congress several times throughout our history. As a result, the meaning of "the militia" is complex and has transformed over time. It has historically been used to describe all able-bodied men who are not members of the Army or Navy (the Uniformed Services). From the United States Constitution, Article II (The Executive Branch), Section 2, Clause 1: "The President shall be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States when called into the actual service of the United States."
Today, the term militia is used to describe a number of groups within the United States. Primarily, these are:
1 - The organized militia defined by the Militia Act of 1903, which repealed section 232 and sections 1625 through 1660 of Title Sixteen of the Revised Statutes, consists of State militia forces, notably the National Guard and the Naval Militia. The National Guard, however, is not to be confused with the National Guard of the United States, which is a federally recognized reserve military force of the U. S. Army and the U. S. Air Force, although the two are linked.
2 - The reserve militia are a part of the unorganized militia defined by the Military Act of 1903 as consisting of every able-bodied man of at least 17 and under 45 years of age who is not a member of the National Guard or Naval Militia.
3 - Former members of the armed forces are also considered part of the "unorganized militia" per Section 313 Title 32 of the U.S. Code.
The following numbers come from the author James R. Jacobs research for his book, The Beginnings of the U. S. Army 1783 - 1812:
In January of 1791, there were about 820 soldiers and officers in service in the United States Army.
In March 1791, it was decided by Congress to increase the number of enlisted men by 912.
In the Spring of 1791, it was decided the total force of regulars and militia should be around 3,000 men.
In August 1791, General St. Clair's force consisted of 2,300 men, excluding the militia.
On 5 March 1792 the regular army expanded from one artillery battalion and two infantry regiments, to include for three years, three more infantry regiments and four troops of light dragoons (cavalry). That makes 5,120 men.
On 9 May 1794, 764 artillery men and engineers were added, bringing the total to 1,048.
On 3 March 1795, the force was reauthorized as above, on 9 May 1794.
On 30 May 1796, the legion of cavalry was abolished. The army now consisted of 4 regiments, two companies, and the artillery/engineers.
On 27 April 1798, an additional regiment of artillery/engineers was added. Congress authorized a temporary army of 10,000 men, but it was never raised.
On 2 March 1799, the President authorized the raising of 28 regiments and 2 battalions. This never happened.
On 3 March 1799, Congress set the size of the infantry and renewed cavalry regiments at 1,065. The artillery size was set at 1,134.
From 1785 until 1794, the United States had no navy. In August 1785, after the Revolutionary War drew to a close, Congress had sold the Alliance, the last ship remaining in the Continental Navy due to a lack of funds to either maintain the single ship, or to support a navy. Only in 1793, when Muslim pirates from Algiers had captured multiple American merchant ships, was the proposal for a working navy considered. This resulted in the Naval Act of 1794, which established the U. S. Navy.
Why am I writing about the 1790s? Because that is when the Second Amendment was written and passed into law...
The following numbers are from 2010, which was 6 years ago - but they are the only numbers available to me at the moment. The following are numbers of active military personnel:
US Army 541,291
US Air Force 333,772
US Coast Guard 42,357
US Marine Corps 195,338
US Navy 317,237
Total active duty: 1,429,995
Civilian support personnel: 681,232
Serving in our National Guard programs and Reserves:
Air National Guard of the US 105,500
Army National Guard of the US 342,000
US Air Force Reserves 69,200
US Army Reserves 198,000
US Coast Guard Reserves 7,000
US Marine Corps Force Reserves 38,900
US Navy Reserves 57,400
Total National Guard and Reserves on call: 818,000
These numbers do not include any private military organizations, and no private security companies.
These numbers can be easily found doing a quick Google search, so, please, don't call me names for "exposing" our military might in 1791 and in 2010.
More to follow....
The word "militia" itself, is from the Old English milite meaning soldiers (plural), from militisc meaning military, and also from Classical Latin milit- and miles meaning soldier.
The Modern English term militia dates to the year 1590, with the original meaning now obsolete: "the body of soldiers in the service of a sovereign or a state." Subsequently, since approximately 1665, militia has taken the meaning "a military force raised from the civilian population of a country or region, especially to supplement a regular army in an emergency, frequently as distinguished from mercenaries or professional soldiers."
The early colonists of America considered the militia an important social institution, necessary to provide defense and public safety.
The term militia in the United States has been defined and modified by Congress several times throughout our history. As a result, the meaning of "the militia" is complex and has transformed over time. It has historically been used to describe all able-bodied men who are not members of the Army or Navy (the Uniformed Services). From the United States Constitution, Article II (The Executive Branch), Section 2, Clause 1: "The President shall be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States when called into the actual service of the United States."
Today, the term militia is used to describe a number of groups within the United States. Primarily, these are:
1 - The organized militia defined by the Militia Act of 1903, which repealed section 232 and sections 1625 through 1660 of Title Sixteen of the Revised Statutes, consists of State militia forces, notably the National Guard and the Naval Militia. The National Guard, however, is not to be confused with the National Guard of the United States, which is a federally recognized reserve military force of the U. S. Army and the U. S. Air Force, although the two are linked.
2 - The reserve militia are a part of the unorganized militia defined by the Military Act of 1903 as consisting of every able-bodied man of at least 17 and under 45 years of age who is not a member of the National Guard or Naval Militia.
3 - Former members of the armed forces are also considered part of the "unorganized militia" per Section 313 Title 32 of the U.S. Code.
The following numbers come from the author James R. Jacobs research for his book, The Beginnings of the U. S. Army 1783 - 1812:
In January of 1791, there were about 820 soldiers and officers in service in the United States Army.
In March 1791, it was decided by Congress to increase the number of enlisted men by 912.
In the Spring of 1791, it was decided the total force of regulars and militia should be around 3,000 men.
In August 1791, General St. Clair's force consisted of 2,300 men, excluding the militia.
On 5 March 1792 the regular army expanded from one artillery battalion and two infantry regiments, to include for three years, three more infantry regiments and four troops of light dragoons (cavalry). That makes 5,120 men.
On 9 May 1794, 764 artillery men and engineers were added, bringing the total to 1,048.
On 3 March 1795, the force was reauthorized as above, on 9 May 1794.
On 30 May 1796, the legion of cavalry was abolished. The army now consisted of 4 regiments, two companies, and the artillery/engineers.
On 27 April 1798, an additional regiment of artillery/engineers was added. Congress authorized a temporary army of 10,000 men, but it was never raised.
On 2 March 1799, the President authorized the raising of 28 regiments and 2 battalions. This never happened.
On 3 March 1799, Congress set the size of the infantry and renewed cavalry regiments at 1,065. The artillery size was set at 1,134.
From 1785 until 1794, the United States had no navy. In August 1785, after the Revolutionary War drew to a close, Congress had sold the Alliance, the last ship remaining in the Continental Navy due to a lack of funds to either maintain the single ship, or to support a navy. Only in 1793, when Muslim pirates from Algiers had captured multiple American merchant ships, was the proposal for a working navy considered. This resulted in the Naval Act of 1794, which established the U. S. Navy.
Why am I writing about the 1790s? Because that is when the Second Amendment was written and passed into law...
The following numbers are from 2010, which was 6 years ago - but they are the only numbers available to me at the moment. The following are numbers of active military personnel:
US Army 541,291
US Air Force 333,772
US Coast Guard 42,357
US Marine Corps 195,338
US Navy 317,237
Total active duty: 1,429,995
Civilian support personnel: 681,232
Serving in our National Guard programs and Reserves:
Air National Guard of the US 105,500
Army National Guard of the US 342,000
US Air Force Reserves 69,200
US Army Reserves 198,000
US Coast Guard Reserves 7,000
US Marine Corps Force Reserves 38,900
US Navy Reserves 57,400
Total National Guard and Reserves on call: 818,000
These numbers do not include any private military organizations, and no private security companies.
These numbers can be easily found doing a quick Google search, so, please, don't call me names for "exposing" our military might in 1791 and in 2010.
More to follow....
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