The development of parliamentary supremacy in the British Isles did not constitutionally affect the
Thirteen Colonies, which retained an adherence to
English common law, but it directly affected the relationship between Britain and the colonies.
[204] When American colonists fought against Britain, they were fighting not so much for new freedom, but to preserve liberties and rights that they believed to be enshrined in Magna Carta.
[205]
In the late 18th century, the
United States Constitution became the
supreme law of the land, recalling the manner in which Magna Carta had come to be regarded as fundamental law.
[205] The Constitution's
Fifth Amendment guarantees that "no person shall be deprived of life, liberty, or property, without due process of law", a phrase that was derived from Magna Carta.
[206] In addition, the Constitution included a similar writ in the
Suspension Clause, Article 1, Section 9: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it."
[207]
Each of these proclaim that no person may be imprisoned or detained without evidence that he or she committed a crime. The
Ninth Amendment states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The writers of the U.S. Constitution wished to ensure that the rights they already held, such as those that they believed were provided by Magna Carta, would be preserved unless explicitly curtailed.
[208][209]
The
Supreme Court of the United States has explicitly referenced
Lord Coke's analysis of Magna Carta as an antecedent of the
Sixth Amendment's right to a speedy trial.
[210]