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Eight hundred years ago today, King John of England sealed the Magna Carta, a groundbreaking legal document that served as the foundation for our constitutional democracy. Magna Carta, 1297: Widely viewed as one of the most important legal documents in the history of democracy. On display in the new David M. Rubenstein Gallery. Presented courtesy of David M. Rubenstein. (National Archives) A new political orderIn the midst of ever-increasing conflict between the King and barons of the 13th century, the Magna Carta established individual liberties, forcing the King to recognize the rights of citizens. Although the “Great Charter” itself was a failure, unable to resolve the clashes between the two parties, it set the standards for good governance in centuries to come. America’s forefathers centered our founding documents on the values of the Magna Carta, inspired by its dedication to the defense of liberty. "The democratic aspiration is no mere recent phase in human history... It was written in Magna Carta."— President Franklin Delano Roosevelt, 1941 inaugural address Liberty through lawWhile the Magna Carta itself focused on a list of demands and grievances which are hardly relevant in 2015, the following two principles endure to this day, mirrored in our own Constitution: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land.""To no one will We sell, to no one will We deny or delay, right or justice."As the cornerstone for the United States Constitution and Bill of Rights, the Magna Carta piloted the idea of asserting one’s rights as an individual. The Fifth Amendment directly originated from this text, guaranteeing due process to all Americans. Ultimately, the Magna Carta’s ideals of freedom and justice have steered America through a prosperous history. 800th anniversaryCelebrating Law Day last month, President Obama reflected on the significance of the Magna Carta and the rule of law in America: “Centuries ago, when kings, emperors, and warlords reigned over much of the world, it was this extraordinary document — agreed to by the King of England in 1215 — that first spelled out the rights and liberties of man. The ideals of the Magna Carta inspired America's forefathers to define and protect many of the rights expressed in our founding documents, which we continue to cherish today.”— President Obama In honor of the 800th anniversary, an original 1297 Magna Carta — one of four surviving copies — is on display at the National Archives. His Royal Highness the Prince of Wales made a historic visit to the National Archives to view the document. The National Archives had a historic visit from HRH The Prince of Wales. The prince saw the 1297 Magna Carta with Archivist of the United States David Ferriero and A'lelia Bundles, President of the Foundation for the National Archives. (National Archives) Check out some other "This Day in History" posts on:
The Magna Carta was a charter of rights agreed to by King John of England in 1215, and was Europe’s first written constitution. Prior to the implementation of the Magna Carta, English monarchs were considered above the law of the land and ruled with relatively absolute power. King John was pressured into agreeing to the Magna Carta to make peace in England, as barons from the north and east of England rebelled against his rule and demanded protection from the king’s unbridled power. The Magna Carta created a legal system by which the king had to abide, instilling protections for the clergy and nobility. The Magna Carta was the basis for English common law, and thereby indirectly also had influence on American law. The Founding Fathers of the United States particularly admired the charter’s rebellious nature against the English throne. The writers of the Bill of Rights and state constitutions were inspired by concepts born in the Magna Carta: that a government should be constitutional, that the law of the land should apply to everyone, and that certain rights and liberties were so fundamental that their violation was an abuse of governmental authority. Although the Magna Carta was primarily meant to protect the powerful Church and wealthy nobility in medieval feudal England, it introduced legal concepts that persisted over time and came to be found in American law. Notably, its protections were given widely to all free men who held land, as opposed to solely the Church and nobility. It assured them protection from illegal imprisonment, forming the basis for the concept of a habeas corpus petition. It also promised them all access to swift justice - an early promise of due process. It guaranteed that they could not be imprisoned, outlawed, exiled, or have their possessions or land confiscated without the lawful judgment of their social equals, paving the way for trial by a jury of one’s peers. Moreover, the Magna Carta established a council of barons as a predecessor to Parliament, which monitored the king’s actions to ensure he abided by the new law and rectified breaches of the law. This council was therefore an early example of a checks and balances safeguard. [Last updated in June of 2020 by the Wex Definitions Team]
Constitution Day is observed Friday, September 16, 2016. In celebration of the ratification of the U.S. Constitution, IAALS is joining with others around the country to share perspectives on the history, impact, and promise of the Constitution. This blog is part a series of Constitution Day posts, authored by members of the O'Connor Advisory Committee to our Quality Judges Initiative, which are collected here. Join the conversation in the comments below, or on Twitter with #ConstitutionDay. Magna Carta has rightfully been described as the signal document in the move from the “law of the ruler” to the “rule of law." Yet, my participation in the 800th Anniversary celebration confirmed my belief that Magna Carta is perhaps more respected and held in higher esteem in the former colonies than in the country of its heritage. Indeed, until last year (when a new permanent sculpture entitled “The Jury” was dedicated), the only monument to Magna Carta at Runnymede was placed there by the American Bar Association in 1957. HRH the Princess Royal participated in the rededication of the ABA Magna Carta memorial on the anniversary. Ruminations on Magna Carta can only lead to thoughts about the rule of law, and the influence of Magna Carta on the U.S. Constitution and the constitutions of many of the states. Sir Winston Churchill said, “Here is a law which is above the King and which even he must not break. This reaffirmation of a supreme law is the great work of Magna Carta; and this alone justifies the respect in which men have held it.” Lord Denning, the Master of the Rolls, said, “Magna Carta is the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot.” Magna Carta, or at least the understanding of it in the 18th Century, had a strong influence on the United States Constitution and on the constitutions of the various states. Several guarantees that were understood at the time of the ratification of the U.S. Constitution descended from Magna Carta, including freedom from unlawful searches and seizures, the right to a speedy trial, the right to a jury trial, the writ of habeas corpus, and protection against loss of life, liberty, or property without due process of law, were included in the U.S. Constitution and the Bill of Rights. Our Constitution is an enduring document protecting our rights and liberties. But it derived many of its provisions from the ideas of a group of rebellious English barons who imposed them on King John of England. Due to Magna Carta and the U. S. Constitution, we live in a society where the rule of law dominates over the “law of the ruler.”
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What was the most significant influence of the Magna Carta on the development of American government?
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