In 1776, the American colonists, under pressure from the English crown, presented the Magna Carta as a valid reason for their demands of independence from the British Empire. When the founders were attempting to ratify the constitution, one of the biggest anti-federalist arguments was that there was no document in the Constitution like the Magna Carta. The founders compromised by creating the Bill of Rights, which are liberties that the government cannot take from the individual. The Fifth Amendment states “Nor shall any persons be deprived of life, liberty or property without due process of law” , which is derived from Clause 39 of the Magna Carta. Many state constitutions also include ideas and phrases that can be traced directly to the historic document. When a person is put under arrest and then charged with a crime, they are guaranteed specific sets of rights to make sure their trials are fair and efficient.
The Fourth Amendment in the bill of rights forbids the search or seizure of a person’s property without a search warrant. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not …show more content…
The Fifth Amendment also protects individuals from self-incrimination. Defendants do not have to testify in the case that their testimony might cause self-incrimination. The due process basically guarantees that the accused will receive a fair orderly and just trial. Lastly, the federal government reserves the right to take property that is in the favor of public interest, but when they do take property they must fairly compensate whoever they have taken property