Similarities Between Magna Carta

It should be noted that similarities can be identified between the US Constitution and the Magna Carta. One similarity of course the fact that the Magna Carta was an agreement which put limits on the exercise of power by a Monarch Government. Many of the founding fathers felt that the new US Constitution should have declarations similar to the Magna Carta limiting the power of the federal government in reference to its citizens, therefore a set of amendments later known as the Bill of Rights, was also drafted during the process of ratifying the Constitution. Many of these individual rights including trial by jury, due process of law and freedom from cruel and unusual punishments, were all long accepted rights and norms established by the Magna

Carta in 1215.That drafters of the constitution felt these rights were inalienable to citizens of the newly created United States of America.
In 1789 during the drafting of the Bill of Rights was discussion and debate among the drafters of about how to address an individual’s property rights. Thomas Jefferson preferred eradicating altogether the remnants of feudalism, and pushed for an individual’s right for strict allodial ownership to property. In strict Allodial Ownership, one has ownership of designated real property including land, buildings and fixtures, and one’s ownership is independent of any superior landlord. This property cannot be transferred from an individual under any circumstances without the owner accepting what the owner believes to be fair compensation. (SOURCE, REMAX)
James Madison, who actually penned the Fifth Amendment to the United States Constitution had a slightly different view then Jefferson on individual property rights. The final version of Amendment V of the United States Constitution states that: No individual shall “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” The final clause in the Fifth Amendment is frequently referred to as the Takings Clause. The Takings Clause at first reading sounds very similar to strict Allodial property rights originally proposed by Jefferson. However there is one critical difference, Madison in fact did give the Federal Government of the United States the ability to take private property from owners. However, this power is limited to the government is taking property for public us. Owners must also receive just compensation for property, however, there is no mention of owner’s having to agree to the compensation or transfer of the property.