• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

An Historical Introduction to the Constitution of the United States

Extracts from this document...


An Historical Introduction to the Constitution of the United States Bibliography Author/editor Title, year of apparition, edition Adams, Willi Paul Adams, Angela Die amerikanische Revolution und die Verfassung 1754-1791 1st edition 1987 (cited: Adams, Revolution und Verfassung) Amar, Akhil Reed The Bill of Rights Creation and Reconstruction 1st edition 1998 (cited: Amar, Bill of Rights) Amar, Akhil Reed America's Constitution A Biography 1st edition 2005 (cited: Amar, America's Constitution) Baker, Ross K. Pomper, Gerald M. Mc Williams, Wilson C. American Government 1st edition 1983 (cited: Baker, American Government) Berkin, Carol Miller, Christopher L. Cherny, Robert W. Gormly, James L. Making America A History of the United States 1st edition 1995 (cited: Berkin, Making America) Blum, John M. McFeely, William S. Morgan, Edmund S. Schlesinger, Arthur M. JR. Stampp, Kenneth M. Woodward, C. Vann The national experience A History of the United States 7th edition 1989 (cited: Blum, National Experience) Brogan, Hugh The Penguin History of the Untited States of America 1st edition 1985 (cited: Brogan, History of the USA) Clark, David S. Ansay, Tugrul Introduction to the law of the United States 1st edition 1992 (cited: Clark, Law of the U.S.) Current, Richard N. Williams, T. Harry Freidel, Frank Brinkley, Alan American History A survey 7th edition 1987 (cited: Current, American History) Dahl, Robert A. How Democratic is the American Constitution? 2nd edition 2003 (cited: Dahl, American Constitution) Dahms, Hellmuth G�nther Grundz�ge der Geschichte der Vereinigten Staaten 4th edition 1997 (cited: Dahms, Grundz�ge der USA) Degler, Carl N. Cochran, Thomas C. De Santis, Vincent P. Hamilton, Holman Harbaugh, William H. McPherson, James M. Nye, Russel B. Ver Steeg, Clarence L. The Democratic Experience An American History Volume I Colonial Era to 1877 5th edition 1981 (cited: Degler, Democratic Experience) Dippel, Horst Geschichte der USA 1st edition 1996 (cited: Dippel, Geschichte der USA) Duncan, Russell Goddard, Joseph Contemporary America 1st edition 2003 (cited: Duncan/Goddard, Contemporary America) Eisinger, Peter K. Dresang, Dennis L. Fowler, Robert Booth Grossman, Joel B. Loomis, Burdett A. Merelman, Richard M. ...read more.


The ordeal by water and fire were the most common ones. The ordeal by water was used to determine, whether a women was a witch or whether she was simply a female human with some knowledge of herbs and cures. The practice was to bind the woman's hands and feet and to throw her into blessed water. If she floated at the water's surface, the woman was considered guilty, because the holy water rejected her. But if she sank, she would be found innocent - event if she drowned68. The ordeal of fire grounded on the belief that Divine Providence would spare an innocent human being from severe suffering and physical harm. To determine a suspect's guilt by the ordeal of fire meant that the accused individual was forced to put his hand or foot into an open fire until it was significantly burned. After a while, an authority would look at the wounds and would decide from their severity over the suspect's innocence or guilt. In England the trial by ordeal was still common in the twelfth and thirteenth century until it was finally replaced by the jury trial, which to the English meant "twelve men, good and true"69. Nevertheless, serious offences against the doctrines of the church and the Crown continued to be trialed by judges of the Star Chamber70, who didn't accept jury trials. Luckily, an institution like the Star Chamber never existed in the U.S. and jury trials were quiet early introduced to the American legal system. 3. Jury trials in America In the American colonies the tradition of jury trials and the calling on witnesses was introduced in order to prevent the tyranny of royal judges and officials, like it had happed in England. The jury trial secured, that the people, who lived under the law and were charged with crimes, were judged by their fellow citizens. Alexis Toqueville wrote in his classic study "Democracy in America": "The institution of the jury places the real direction of society in the hands of the governed and not in that of the government" 71. ...read more.


76 Duncan/Goddard, Contemporary America, p.18; Russsell, In Defense of Liberty, p.119. 77 see: B.V.1.; Kelly, American Constitution, p,96. 78 Russell, In Defense of Liberty, p.122. 79 Lewis, Bill of Rights2, p.488; Russell, In Defense of Liberty, p.122. 80 Morrison, Fundamentals of American Law, p.109; Frost, U.S. History, p.154. 81 Morrison, Fundamentals of American Law, p.111. 82 Frost, U.S. History, p.154; Amar, America's Constitution, p,329ff. 83 Baker, American Government, p.38; Morrison, Fundamentals of American Law, p.111. 84 Russell, The Defense of Liberty, p.132. 85 Russell, The Defense of Liberty, p.134. 86 Duncan/Goddard, Contemporary America, p.9; Raeithel, Nordamerika 1, p.208; G�bel, Supermacht USA, p.16f.; Dahms, Grundz�ge der USA, p.32. 87 Morrison, Fundamentals of American Law, p.111; Dahms, Grundz�ge der USA, p.44. 88 see: B.VIII.2. 89 Russell, In Defense of Liberty, p.135. 90 Russell, In Defense of Liberty, p.135. 91 Russell, In Defense of Liberty, p.135. 92 Russell, In Defense of Liberty, p.136. 93 Eisinger, American Politics, p.40; Norton, People and Nation, p.120f. 94 Eisinger, American Politics, p.40; Blum, National Experience, p.137; Brogan, History of the USA, p.221. 95 Lewis, Bill of Rights2, p.496; Russell, In Defense of Liberty, p.148. 96 Morrison, Fundamentals of American Law, p.112; Russell, In Defense of Liberty, p.149. 97 see: A.III. 98 Morrison, Fundamentals of American Law, p.113. 99 Lewis, Bill of Rights 1, p.112. 100 Kelly, American Constitution, p.176. 101 Current, American Histroy, p.157; Baker, American Government, p.48f.; Blum, National Experience, p.135; Brogan, History of the USA, p.220f. 102 Clark, Law of the U.S., p.61f.; Dahms, Grundz�ge der USA, p.42. 103 Duncan/Goddard, Contemporary America, p.82. 104 Kelly, American Constitution, p.262f. 105 Russell, In Defense of Liberty, p.157. 106 see: A.II.; Baker, American Government, p.604f. 107 Current, American History, p.157; Eisinger, American Politics, p.44; Greenberg, American Political System, p.55f.; Kelly, American Constitution, p.162f 108 Kelly, American Constitution, p.162f. 109 Current, American History, p.157; Morrison, Fundamentals of American Law, p.84; Kelly, American Constitution, p.165. 110 Baker, American Government, p.48. 111 Waldrep, Constitution and Nation, p.65; Clark, Law of the U.S., p.58f.; Amar, America's Constitution, p.207ff. ?? ?? ?? ?? 15 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays


    He had established a community in Glasgow based on these principles and it worked (Murray, 1999, p. 21). Due to an increased criticism towards the Poor Laws, the government appointed a Royal Commission to examine how they worked. "The Commission was very concerned with the cost of the existing schemes

  2. Discuss Dicey's three propositions on the concept of the Rule of Law in the ...

    given to the right of individuals results, or appears to result, from the general principles of the constitution.' This concept basically means that there is no need for a bill of rights because the general principles of the constitution are the result of judicial decisions determining the rights of the private person.

  1. Should the jury trial be abolished?

    Summary The ideological power of the jury system should not be underestimated. It represents the oridinary person's input into the legal system and it is at least arguable that in that way it provides the whole legal system with a sense of legitimacy.

  2. Donoghue v. Stevenson [1932].

    It has, however, again and again been held that in the case of articles dangerous in themselves, such as loaded firearms, poisons, explosives, and other things ejusdem generis, there is a peculiar duty to take precaution imposed upon those who send forth or install such articles when it is necesaarily the case that other parties will come within their proximity."

  1. The European Court of Human Rights was set up in 1959 as part of ...

    A child's father, if not married to the mother, can, with the support of the mother, have his name added to the register under s10 of the 1953 Act10. Also, the unmarried father of a child can apply for a court order granting him "parental responsibility" under the Children Act (1989)11.

  2. Defamation is an infringement imposed on the freedom of speech, which seeks to protect ...

    The defamation made by Adonis was made in a speech, therefore the action that may be brought against him is slander. The statement made about the journalist may have lowered the journalist in the eyes of right thinking people. However, as we are concerned with slander, his defamatory action will

  1. Ethics in practice

    He has a duty to the court which is paramount. It is a mistake to suppose that he is the mouthpiece of his client to say what he wants; or his tool to do what he directs. He is none of these things. He owes allegiance to a higher cause.

  2. "The need for an independent judiciary is recognised throughout the free world. It is ...

    on, as it seems to go against Parliamentary Sovereignty - although one might argue that 'fairness' is what Parliament wants. However Parliament has attempted to create exclusion clauses, such as in Anisimic Ltd. v. Foreign Compensation Commission [1969] 2 A.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work