Woodpecker damage

Woodpecker, Bird, Wildlife, Nature

Fall brings a large uptick in all types of pests around the house, but none quite as destructive as the Woodpecker has been this year. These men cause thousands of dollars’ worth of damage to the siding on homes, and they are especially fond of cedar siding. So what can you do?

Woodpeckers are a part of the Picidae family, and mostly live in forests and woodlands. There are about 200 species worldwide, but in the US we have a major group that causes problems.

Northern Flicker – Found in all of North America, this woodpecker is brown with black bars or spots and a black breast.

Downy Woodpecker – Located in all of North America, this woodpecker is small. It is white with black wings that have white spots on them and a red crown.

Yellow-Bellied Sapsucker -Found in eastern North America, they have black, white, and red faces. Like the title suggests it also has yellow coloring beneath its wings and on its belly.

Acorn Woodpecker – Located on the west coast and south central region of the United States and most of Mexico.

Now that we have went over the types you might have, let’s talk about solutions. Woodpeckers drill holes because they’re searching for food. They enjoy soft wood the very best, to look for grubs and small insects, as well as sap, which is why cedar siding is such a favorite of theirs. Woodpeckers have many natural predators, including big cats and mammals, but also birds of prey like falcons and eagles.

There are many devices on the market to scare off woodpeckers, but the get combined results for one main reason; they are smart. Scented or bad tasting repellants do not work much because you can’t spray it on your home and that is where the birds want to go. Noise makers make distress calls and predator sounds, but these are extremely loud and do not work well in residential areas. The best, and often least expensive solution, is metallic moving items. CD’s hung on string, metal tape, and glistening bird diverters all show promising results, but have to be moved every 10 days to two weeks.

Whatever you choose to do, bear in mind that these birds are extremely smart and will get used to whichever deterrent you use after 2-4 weeks. Be sure to change it up and keep them guessing!

House Mouse

Image result for House Mouse

Pest control officials warn that as temperatures begin to cool with autumn’s approach, vermin naturally begin to search for a warmer place to spend the evening. Pests that come for the warmth may wind up staying longer and become a serious issue once they establish a house.

Mice can stay warm and insulated under the snow in winter, but before the snow drops they want to come inside to prevent the cooler night-time temperatures. This year, cooler evening temperatures as well as a significant quantity of new construction and surrounding areas has led to a rise in episodes of pest activity.

The best approach is to keep these pests from buildings altogether, and a mixed approach to trapping and fortifying buildings from entry can prevent infestations. Once mice have entered a building and established pheromone trails they are hard to eliminate. Often the problem will continue until they are blocked entirely from entry.


With hygiene issues and the possibility of infestation, mice control should not be taken lightly. Once they establish a foothold, it can be challenging to get them out. A few traps will not be sufficient to rid of them once they’ve forged a path into a building.

To mouse proof your house, inspect for any location they can enter. Considering these little critters can squeeze through a hole the size of a dime, any openings, cracks, crevices and openings must be addressed and sealed. Kitchens are prime places to enter a home. Therefore, inspect for openings around pipes under the sink and look for any holes inside of cabinets. Fill openings using wire mesh around the pipes and some other openings inside cupboards.

It’s also essential to eliminate the availability of food and remove clutter. Store food properly and eliminate debris and litter from around your dwelling. Since cluttered storage areas create attractive houses for pests, it’s important to regularly clean and reorganize your cellar, garage and other storage areas. Avoid using cardboard boxes – instead use durable plastic totes,and these actions will improve your attempts with mice control.

Handling mice problems

The best way to manage critters is not letting them in your home in the first place, however, when they’ve entered a building there are a few options to think about.

Bait can be used around the outside of the building to dissuade them. Bait placement involves knowing where mice are dwelling, as they don’t like to travel more than approximately ten feet from their shelter. The bait must be conveniently positioned for them to discover it and it must be more appealing than the food they are accustomed to.

Many people erroneously assume that their pet will keep the house mouse-free. Pets do deter them, but not all pets are born pest controls. In actuality, some mice will live near cats and dogs and sneak away with a few of the pet’s food!

Completely getting rid of vermin is impossible, but keeping them out of your home or business is. When a pest problem seems to be getting worse, it may be time to call in an expert for rodents control. Selecting a professional before the issue is extensive can help save you money and time in the long-run. Considering how important your home is for your family’s wellbeing and security, protecting your home is a top priority whether you handle it by yourself or with the help of a professional.

Backyard Chickens

Chicken, Rooster, Fowl, Farm, Bird

Not sure how to have chickens in your backyard? Having chickens in backyard is beginning to become more and more normal now daily. I see them all the time in my town which was one reason I decided to give it a go. So do you have a particular reason as to why you want to have chicken in you backyard? Most people who I talk to want them to have organic and free range chicken eggs and they like to raise chickens. Other I know raised them as pets and some use them as a meat supply. Whatever your reasons are, I will attempt and help you raise and take care of backyard chickens.

How to Get Chickens in Your Backyard

Okay, since you’re wondering how to have cows, I am gonna assume you do not know that raising chickens can actually be illegal if you are in certain towns. So check these out first before you proceed to anything else. You don’t want to get fined for having chicken in your backyard.

The Way to Have Baby Chicks in Your Backyard

If you plan on raising baby chicks you can actually order them in the mail for under a $1 each. They are really inexpensive. When they arrive just make sure they stay warm inside a brooding pen, which is basically a smaller chicken coop. When first beginning turn the temperature in 95 degree F and you should then reduce it by 5 degrees each week until it is just like ambient temperature.

The Way to have Chickens in Your backyard and How to Safeguard them – Adult

If you are thinking about having adult chickens you’re going to need to protect them from getting attacked by building them a coop or purchasing one that is already made. You will save money by letting the sun heat up the coop instead of using electric lighting. So be sure construct a top quality coop or buy one.

Can I Prefer, A Pre-Built Coop or one I built my self?

In my personally opinion, if I just have a few chickens, I love to build a chicken coop by myself. why? Mainly because it’s a hell of a lot cheaper and I enjoy building things. I enjoy being able to personalize the coops in the why I want them built. This isn’t for everybody though, If you do not like building things and not really good with instrument I would recommend purchasing a pre-assembled coop.

I hope that you understand a bit more on how to have chickens in your backyard. The first thing is to see if you are even allowed, figure out whether you want chicks or adults, and purchase or build a chicken coop.


Image result for catnip

I didn’t have a cat growing up, so everything I know about cats I’ve learned since getting our first cat a few years ago. Cats are weird little critters and have motivated me to read and watch as much as I can. 1 thing that got my attention early on was that some people are afraid to give their cats catnip since they’re worried they will become raging drug addicts. Most cats are already raging food lovers (or at least mine is), so I’d be worried too if I believed catnip would add to his list of demands. Luckily, anybody with a computer can find everything they need to know about catnip and how it functions.

Here is a super quick sciencey rundown:

The stimulation produces euphoric or hallucinogenic effects causing the cat to do things resembling play, predatory, and sexual behaviours. The effects can last up to 15 minutes and has an hour refractory period where the cat can’t be stimulated further.

Mkay… So, I will see how observation can tell us that the cat is enjoying a sense of euphoria following catnip stimulation, but how do we know they’re hallucinating? People have been using catnip for centuries and I found a huge collection of”common” applications of catnip ranging from easing toothaches to recreational use that may help explain why your grandma has such a huge stash in her basement.

Catnip was used for people with”nervous problems”. Catnip tea and infusions had a calming effect and have been used to treat headaches, hysteria, and insanity. Though, it was said that chewing the origin had an opposite effect, stimulating people into a type of rage.

Catnip was used to aid in women’s fertility. It was used to increase the flow of menstruation (honestly, why??) , assisted in childbirth, promoted afterbirth, and a wet mash of catnip was utilized to ease sore breasts out of nursing.

Catnip for Baby

Catnip was used to ease colic in infants. It was also said to relieve gassiness and the hiccups. Overdoses were reported to cause convulsions and fell from favor.

Catnip to fix what ails you

Catnip mash was used to alleviate toothaches, tonsillitis, and hemorrhoid pain. It was a common cold remedy, hive reducer, and was used to both cool a hectic body and to stimulate sweating. It was a frequent pain reliever for arthritis by reducing painful swelling.

Catnip tea has been used for asthma, yellow fever, scarlet fever, small pox, and jaundice. Catnip was smoked in an effort to relieve respiratory problems, such as tuberculosis and pneumonia.

Catnip from the 60’s

I bet you get the idea already, but catnip was commonly used in the 60’s as a recreational drug. It was used in place of and as a filler for marijuana. People reported visual and auditory hallucinations and euphoria. Catnip was given up for the more reliable effects of marijuana.

Chocolate Facts

Chocolate, Dark, Coffee, Confiserie

There are a lot of weird and terrific fun facts about chocolate, it is tough to know which to include and which to omit due to space considerations.

To start with, the Mayans used cacao beans as money as they believed they were more valuable than gold dust. They controlled the production of beans in order that their currency would not depreciate in value.

White chocolate isn’t strictly speaking chocolate. We have been labouring under a misapprehension for several years. Chocolate must contain cocoa solids, but white chocolate doesn’t have any inside. Instead, cocoa butter is used in the production of white chocolate.

Europeans are the biggest fans of chocolate, accounting for the consumption of almost half of the chocolate that is produced globally.

Where was the biggest chocolate bar produced? From the UK; it was created by Thornton’s because of its centenary.

Toblerone is so popular that when the amount of pubs sold each year were to be put end to end, they would stretch to 62,000km. That’s over the Earth’s circumference.

Chocolate contains theobromine which s a really powerful stimulant. If you consume a lot of it, it may prove fatal. However, you would need to eat around 22 pounds of the stuff in a single sitting, which isn’t really possible. Theobromine poisoning causes seizures, heart failure, dehydration, and acute kidney damage.

Chocolate chip cookies, adored by many around the world, came into being due to an accident which occurred in 1930. Ruth Wakefield ran out of cooking chocolate, but undeterred she used bits of chocolate in her biscuit dough. The chocolate she used was Nestles, and she later sold her recipe to the company in return for a lifetime’s supply of chocolate.

A pound of chocolate contains 400 cocoa beans and a cacao tree will create around 2,500 beans. These trees are delicate and cocoa farmers lose about 30 percent of their crop every year.

Most of the world’s cocoa comes from West Africa, with Cote d’Ivoire accounting for approximately 40 percent of the world’s cacao supply.

Early people fermented the pods of the cacao beans to make drinks aside from chocolate.

These were served to him in a golden chalice.

Each November in Germany, people celebrate Saint Martin’s Day with candies and cups of steaming hot chocolate.

Tracking Your Progress

Girl, Woman, Joy Of Life, Dance, Balance
How often have I told myself the exact same thing? Answer to both: too many.
Writing something down has been demonstrated to be an effective memorization technique. It’s also the key to the past that can help shape your future – and I do mean shape your future. To know where you’re going, it helps to know where you are coming from. Irrespective of how much fish oil or ginkgo you require, it is far-fetched to expect you will remember every set, rep, mile and nuance of your last workout or the one before that.
Why do you want to recall what you’ve already done? Same reason people write down recipes: to boost the odds of success the next time you’re in that situation.
And I’m not speaking only sets and reps. In fact, anything that affects your senses can affect your workout, even in the event that you’ve mastered the way to block out distractions. Recreating a situation in which you are able to tune out those annoyance increases the possibility of a favorable gym experience. Control what you can, have a back-up plan for what you can not and ignore the rest.
Food and supplement intake, including quality, quantity and timing, also impacts your exercise, so make some notes. At the gym, temperature, light, music, accessibility to the equipment you’ll need, the gym’s layout and how busy it is are all factors in your workout. Things you noticed on a particular day that affected your training, good or bad, are worth jotting down.
After a while, taking notes will become second nature – a frequent occurrence within your day-to-day workouts. It doesn’t have to be prose; it may be bullet points. Next time you are in a slump, flip back to a great work out and see why it worked. Draw from that adventure. It will not always work, but it may mean the difference between a bad day, week or even month. If you harness creativity with discipline, you can make a masterpiece.

Myths on Lawn Care

Lawn Mower, Hand Lawn Mower, Lawn Mowing

When it comes to lawn care, homeowners sometimes fall for myths surrounding these. Regardless of the availability of information from blogs, magazines and even from firms specializing in lawn care, people still cling to these myths that can adversely impact the quality of a yard. A number of these myths might be well-meaning but studies suggest that these can hurt your lawn and following these don’t provide any value.

What are these myths about lawn maintenance you should watch for?

  1. Contrary to the belief held by some people, there are lots of types of grasses, each with its own set of requirements in regards to irrigation, mowing and maintenance. Taking into consideration these differences can allow you to take better care of your lawn and help you choose the appropriate equipment.
  2. Mowing shorter = fewer mowing sessions. You may believe that shaving a considerable amount off the leaf blades of the grass will interpret to time savings and less effort. If you cut the grass too short, you might pay the price later on in the form of stressed grass that will not grow optimally. Alternatively, you should cut no more than a third off the grass blade in one mowing session, allowing the grass to quickly recover from stress.
  3. Some property owners believe it is ideal to bag grass clippings after each mowing session. However, in doing this, you are missing some of the advantages that leaving grass clippings on the lawn can offer. Leaving grass clippings on the lawn helps return vital nutrients to the soil as they decompose. If you decide to bag grass clippings, set aside some of these for composting.
  4. Concentrate your attention on the grass. Another common myth about lawn care is that you ought to concentrate your time and effort on the grass. Be sure that it’s tested regularly to let you choose the best fertilizer.
  5. As your lawn becomes blanketed in snow, you can take a break from your usual lawn care tasks. However, you should take advantage of this time by maintaining your tools and equipment. By way of example, you can look over your lawn mower and check whether it needs sharper blades or missing components. Come spring time, you’ll be ready to return to your regular lawn maintenance tasks.

Choosing Outdoor Furniture

Outdoor, Chairs, Table, Outdoor Cafe

It is now of the year we begin to pull our garden furniture from storage, baffled by how it has managed to fall into ruin in just a year! Now that the sun is shining and temperatures are climbing, it is the perfect time to start thinking about updating our garden furniture.

No matter how big or small your outdoor space is, it’s inevitable you will be searching for somewhere to sit comfortably this summer. Benches are an ideal way to create a focal point within your garden, adding a particularly dramatic look when placed under a tree or facing your beautiful flower bed. There are a range of different styles available, with amorous metalwork and classic wooden structures all feasible options.

Garden furniture is not commonly associated with being the most comfortable seating in the world, because of the need for durability, however there are many ways to design your garden bench so as to improve this. Outdoor cushions and blankets will help add to the aesthetics but also result in a more relaxing and pleasant experience altogether!

The growth of waterproof textile designs has led to a great increase in the number of different styles and shapes available in the marketplace. It is normal to stick to safer choices when accessorising bits of furniture, with solid and neutral colours proving to be popular picks! However I need to assure you that being creative and quirky isn’t at all a bad thing. In fact, it is a celebrated trend to try and incorporate a variety of different patterns and colors to make an eye-catching and alternative appearance. It is also a great way to bring a bit of your personality to the fore. Another valuable tip, if you are unsure of what path to take, is to use a combination of neutral and solid colored cushions along with a few patterned scatter cushions of your choice. This is a more traditional approach and will also make any chair/bench/swing seem like it is straight out of an interior design magazine.

Most garden pieces are built to survive but with the British weather frequently proving unpredictable it might also be a smart move to invest in a tarpaulin cover, or something similar, to help protect your furniture during the harsher months of this year. This will eliminate the necessity to store your outdoor chairs, benches, tables etc. indoors during autumn and winter.

How to choose the right Patio Installer

House, Home, Residence, Interior, Living

Spring has finally come, with the opportunity for outdoor parties and parties – it’s time to find a patio installer to expand your outdoor living space while enhancing your garden.

It is worth starting early… careful preparation will take time as you will want to decide on products and designs. Great installers are often booked up in advance and will have to include your new patio in their schedules.

If you have decided a patio would be a welcome addition to your house, your toughest decision may be choosing the perfect contractor to handle the project. While there are lots of options to pick from, it’s crucial that you choose a contractor who offers the ideal mix of products, service, and quality. For example, you want to be certain the patio installer you choose has a reputation for doing the job correctly. Other factors to consider when Choosing a contractor include:

Products – Ask what materials are offered for a terrace. A pro will provide concrete, brick, rock, and pavers. If you choose pavers, ensure your contractor buys them from a reputable manufacturer, as inferior pavers will fade and frequently are not as durable.

Warranties & Guarantees – Ask whether the contractor guarantee their work, and if there are warranties on the goods (usually pavers) discuss the specifics until you understand them and have both the warranty and warranty spelled out in writing.

Sites with Portfolios – Top experts have sites that help educate the general public about hardscaping issues such as the pros and cons of different materials used for patios.

Professional Organizations & Continued Education – search for a contractor who belongs to professional organizations like New Jersey Landscape Contractors Association (NJLCA) that encourage professionalism, security, environmental protection, and education.

Local Knowledge – Many communities have specific codes and restrictions for terrace additions-choose a contractor experienced in navigating these constraints and regulations to produce the sort of terrace that meets your needs and wants.

When choosing a professional to lay your patio, you should take a practical approach prior to making your decision. Ask straightforward questions and try to find some simple support. Here are some helpful hints on what you should ask before your dream garden project begins:

Get some different quotes for your project, checking they include all the services and products you will need. Make sure there are no hidden extras such as soil removal. Suggestion: Ask how long the project will last.
Ask for a few recent references of completed patio installation and read their online reviews. A reputable contractor will be enthusiastic about showing off recent work. Expect to see photographs and details of recent, similar work which you may visit to get a reference.
Ask questions like if the price of a dumpster and jointing sand is included?
Check whether the contractor has the appropriate liability insurance.
Ask for a final written quotation from your favorite contractor.
A reputable patio installer will not cut corners but work to the highest standard to build a patio that is beautiful and will remain that way for years to come.
Starting with basic research and asking the correct questions will help make certain you opt for a trustworthy and reliable contractor. Stories about unlicensed and even licensed contractors facing fines and imprisonment for shoddy work and fraud have consumers on edge about adding a patio. You want your garden and patio project to be finished to the highest standard; something you, your loved ones and friends can enjoy for many years to come.

Anyone with a pad and pencil can design a patio-remember building the appropriate foundation, drainage and beautifully laying paving products is a skill and an art. A professional patio installer in can recommend colours, complementary goods, suitable laying patterns and a lot more, so it is worth investing in a reputable one – remember to ask to see their portfolios. The master terrace builder will subsequently enhance their client’s visions as they design their patio which matches their client’s desires.

The Constitution

Old, Transcript, Constitution, Vintage

The Magna Carta, or Great Charter, is a charter drawn by English noblemen guaranteeing certain English rights and defining English political and civil liberties. It was signed by seal of King John of England on June 15, 1215 in an attempt to guarantee the continuing loyalty of the nobility. While Pope Innocent III nullified the agreement 10 weeks later, the record has been reissued with alterations in 1216, 1217 and 1225. In 1297, Edward I entered the Magna Carta to the statues of this realm, which makes it the first entry on the statute books. While the Magna Carta was initially supposed to protect only the rights of noblemen, it was eventually extended to commoners and served as the foundation for English Common Law.

The Magna Carta included 63 exemptions which served to address the main problems affecting England during the reign of King John including inheritance; debts and the payment thereof after departure; the administration of justice; the levying of taxes; woods, riverbanks and river weirs; and freedom of commerce and travel among others. While the Magna Carta wasn’t originally numbered or split into separate clauses, a numbering system was provided by Sir William Blackstone, in 1759 in a printed edition of the 1215 version of the Magna Carta.

The statute that had remained dormant for several years was revived by Sir Edward Coke in the seventeenth century. Coke served as attorney general for Queen Elizabeth I, chief justice of the King’s Bench for King James I, and as both attorney general and speaker of the House of Commons. Coke touted the Magna Carta as authority for challenging the Stuart kings’ claims of royal prerogative and he interpreted the Magna Carta as an affirmation of the principles of individual liberties and as a statement of English rights held since antiquity. The importance that Sir Edward Coke credited to the Magna Carta was reflected in the legislation of the colonies and his interpretation resulted in the claim of the inviolability of a person’s right to due process of law.

Englishmen who came to the American colonies believed they were entitled to the rights of Englishmen embodied in the Magna Carta and as defined in the English Common Law, and it was upon this frame that the colonists began to build the laws of the land and assert their liberty in the English Crown. Thus, the rights and liberties asserted in the Magna Carta were embodied in the written laws of the colonies, and later into the Constitution and the Bill of Rights.

When framing their State Constitutions, nearly all the original colonies included a statement of their fundamental rights and liberties of man. While the Constitution of 1789 embodied various declarations of the fundamental rights of men, it didn’t include a formal Bill of Rights, like that included in the State Constitutions. Intense debate over the need for a declarative statement outlining the rights of taxpayers ensued. Consequently, Articles three through twelve, known as the Bill of Rights, became the first ten amendments to the Constitution of America.

The Bill of Rights, passed in 1789, and put in effect in 1791, secures the essential rights and liberties of the individual citizen and limits the government’s power in judicial proceedings. A number of these rights and liberties, in addition to the theory of representative government, the idea of a supreme law, and the concept of judicial review descend from an eighteenth-century comprehension of the Magna Carta.

The English concept of liberty of the church served as the foundation for our First Amendment guarantee of freedom of religion. The First Amendment to the Constitution of the United States provides that”Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” Similarly, Clause 1 of the Magna Carta provides”That the English Church shall be free and shall have her whole rights and her liberties inviolable…” Clauses 62 and 63, which were omitted in the later reissues of the Magna Carta, also reaffirm the freedom of the Church.

Due Process:

The concept of due process was expanded to include the right to bear arms (Second Amendment) and not to be subject to cruel and unusual punishment (Eighth Amendment).

Due process, derived from Clause 39 of the Magna Carta, deals with the administration of justice and the rights of people. Clause 39, which has never been rescinded, provides that”No freeman shall be seized, or imprisoned, or dispossessed, or outlawed, or in any way destroyed; nor will we condemn him, nor will we commit him to prison excepting by the legal judgment of his peers, or by the laws of the land.”

Clause 39 guarantees that the administration of justice shall be according to”the laws of this land.” While the concept of”law of the land” is not defined in the Magna Carta, it has over time come to mean the right to trial by a jury of one’s peers, the right to confront one’s accusers, and the right to appeal.

The term”due process of law” first replaced the stage”the law of the land” in 1354 in a statute restating the Magna Carta’s procedural claims. It is this guarantee that’s embodied in the due process clause of the Fifth Amendment. The Fifth Amendment to the Constitution provides that”No individual shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, expect in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Article 1, Section 9 of the Constitution also contains a similar provision. It should also be noted that the Fourteenth Amendment to the United States Constitution, ratified in 1868, also comprises a due process clause.

The Fourteenth Amendment granted citizenship to”all persons born or naturalized in the United States” and forbid states from denying any individual”life, liberty or property, without due process of law” or denying”any person within its jurisdiction the equal protection of the laws.” The provisions of the Fifth Amendment were introduced as a check upon the national government while those enunciated in the Fourteenth Amendment were directed towards the individual states in the Union. Taken together, but the two amendments ensure that the person’s right to life, liberty and property remain inviolate vis a vis both the state and federal government.

The concept of ensuring that the individual’s right to life, liberty and property remained inviolate vis a vis government is further exemplified in the Ninth Amendment to the Constitution wherein it is stipulated that”the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Clearly, the framers of the Constitution intended that the rights that they held before the framing of the Constitution, such as those maintained from the Magna Carta, were not lost nor limited by the Constitution.

As previously mentioned, Clause 39 of the Magna Carta includes the assurance that”no freeman shall be taken or imprisoned… except by the lawful judgment of his peers.” The intent at the time was to induce the king to relinquish judicial authority to peers of the individual on trial. Thus, while the Magna Carta did not consider the jury system that we have in the United States, it did serve as its inspiration. The colonists viewed the right to a jury trial as an important liberty and a basic safeguard of freedom from arbitrary government. Hence the notion espoused in Clause 39 that”no freeman shall be taken or imprisoned… except by the lawful judgment of his peers” was incorporated into the Sixth Amendment to the United States Constitution.

The Sixth Amendment provides that”In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against himto have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” Thus, similar to Clause 39, the Sixth Amendment guarantees a trial by a jury comprised of fellow citizens.

This concept of swift justice is also reflected in the Sixth Amendment in the assurance that”the accused shall enjoy the right to a speedy and public trial.”

While the Sixth Amendment secured a right to a jury trial in criminal cases, it did not apply to civil cases. The Seventh Amendment, however, was made to guarantee a jury trial in civil cases. The Seventh Amendment mandates that”in suits at common law where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

The rights sought by the barons in 1215, as defined in the Magna Carta, not only found their way into the United States Constitution and the Bill of Rights, but these essential rights may also be found in the jury instructions issued from Judge to jury in the United States. That is, these rights can be seen in the terms presumption of innocence and burden of proof.

Clause 38 of the Magna Carta, afterwards re-numbered 29, provides that”No bailiff, for the future, shall put any man to his law, upon his own simple affirmation, without credible witnesses created for the purpose.” Clause 38’s requirement that no man be put to trial without witnesses found its way into the Sixth Amendment from the assurance that”the accused shall enjoy the right… to be confronted with the witnesses against him.” In our judicial system, however, it is for the jury to decide the credibility of a witness.

Cruel and Unusual Punishment:

During the reign of King John, there existed a concern regarding the severity of the punishment to be rendered. Thus Clause 20 of the Magna Carta was written to make sure that”A free-man shall not be fined for a small offence, but only according to the degree of the offence; and also to get a excellent delinquency, according to the magnitude of the delinquency, saving his contentment… and none of the aforesaid fines shall be assessed, but by the oath of honest men of the vicinage.” To make certain that punishments were not overly excessive, Clause 20 mandated the punishment be consistent with the gravity of the offense. This same principle is expressed in our Eighth Amendment in the guarantee that”Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

The longest clause of the Magna Carta, Clause 61, known as the security clause, was the most critical clause affecting King John in 1215. Clause 61 provided that a committee of 25 barons could meet anytime and overrule the will of the King, by force if necessary, if he defied the terms of this Charter, and they could grab his castles and possessions. As this was the first time that such a practice was forced upon a ruling monarch, Clause 61 was a severe challenge to King John’s authority. Unsurprisingly, Clause 61 was omitted from all later reissues of the Magna Carta.

Clause 61 provides in part that”… because we have granted all these things… we being desirous that these things should possess entire and unshaken stability for ever, give and grant to them the security underwritten; namely that the Barons may select twenty-five Barons of the kingdom, whom they please, who shall with their whole power, observe, keep, and cause to be observed, the peace and liberties which we have given to them, and have confirmed by this our present charter… And if we shall not have redresses… the twenty-five Barons… shall distress… us… by the taking of our castles, lands, and possessions…”

Throughout the time of the Tudors, the Magna Carta served as a basis for establishing the first Parliament to help in enforcing the rights claimed by common law. Later, in Elizabethan times, the Magna Carta was used to establish the antiquity of Parliament.

The primary significance of Clause 61 is that it laid the framework for the simple form of government in both England and in the United States. Subsequently, the English governmental system of Monarch, Commons, and Lords provided the legal basis for our system of two houses of Congress and the Presidency. The framers of the Constitution were affected by the constitutional relationship between the Monarch, Commons and Lords in the British governmental system and it is from this system that the legal basis for both houses of Congress and the Presidency, in addition to the notion of checks and balances, was born. The legislative, judicial and executive branches of the government, along with the system of checks and balances, are based in the first few articles of the Constitution.

For the framers of the Constitution, the checks and balances that functioned between the three branches of government were a means to prevent any single branch from overreaching and exceeding its powers. Therefore, the Constitution and the Magna Carta were ready with the same intent in mind. Both files limit government by requiring submission to the law and by requiring recognition of the rights of citizens.

The Tenth Amendment to the United States Constitution provides that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Therefore, the Tenth Amendment makes it clear that our federal government possesses only those powers granted to it by the Constitution. The states, however, possess all powers which the Constitution neither delegates to our federal government nor prohibits the states from working; said differently, all powers not explicitly delegated to the federal government nor denied to the states, remain with the states or the people.

Thought of a Supreme Law

The Magna Carta has also been credited with providing the foundation for the notion of a higher law. In this regard, it’s regarded as a superior law such that even kings must be subject to the law, and any attempt to invalidate it need not be respected. The concept that the Magna Carta provided the foundation for the notion of a higher law is embedded in Article VI, Paragraph 2 of the United States Constitution. Report VI, Paragraph 2 of the United States Constitution, known as the Supremacy Clause, provides that”this Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the jurisdiction of the USA, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” Hence the Supremacy Clause mandates that the Constitution together with all treaties and all national laws made in pursuance of this Constitution represents the”supreme law of the land” in the United States. The Supremacy Clause further mandates that all judges in most countries are bound by this”supreme law of the land,” and that the state courts must refuse to uphold any state law that’s contrary to the”supreme law of the land.” This idea of a supreme law, embedded in the supremacy clause, is enforced by the Supreme Court.

Judicial Review

Clauses 39 and 40, discussed above, also act as a foundation for the idea of judicial review. It’s through judicial review which our courts interpret the meaning and intent of legislation.