Magna Carta and the Constitution – History

Summary

This video script explores the historical significance of the Magna Carta, signed in 1215, which established the principle that no one, not even the king, is above the law. It discusses how this document influenced the development of constitutional democracy and the American legal system, emphasizing key concepts like due process and the rule of law. The script highlights the Magna Carta's role in asserting that government power is limited and that citizens have rights, which later inspired the U.S. Constitution and the Bill of Rights.

Takeaways

• 🏰 The Magna Carta, signed in 1215, was a pivotal moment in history that established the principle that no one, not even a king, is above the law.
• 👑 King John of England was compelled to sign the Magna Carta due to the resistance from barons who were discontented with his tyrannical rule and excessive taxation.
• 📜 The document originally contained 63 clauses written in Latin on a sheepskin parchment, symbolizing an early attempt at a constitutional agreement.
• 🛡️ Magna Carta laid the groundwork for the concept of due process, influencing the development of legal systems that require fair trials and protection from arbitrary imprisonment.
• 🌊 The ideas from Magna Carta crossed oceans and influenced the American Revolution and the founding principles of the United States, particularly the notion of 'no taxation without representation'.
• 🇺🇸 The U.S. Constitution and the Bill of Rights were crafted with concepts derived from Magna Carta, emphasizing the rule of law, fair trials, and an independent judiciary.
• 📚 Sir Edward Coke, a prominent jurist, played a significant role in the rediscovery and interpretation of Magna Carta, arguing that it established fundamental rights for Englishmen.
• 🏛️ The Magna Carta served as a model for constitutional democracy, showing that a legal document could limit the power of a monarch and protect the rights of citizens.
• 🗽 The American colonists used Magna Carta as a rallying point against King George III's perceived tyranny, viewing it as a symbol of their rights as English subjects.
• 📈 The Magna Carta's influence evolved over time, from its initial focus on baronial rights to becoming a cornerstone of modern constitutional law and the protection of individual liberties.

Q & A

What is the historical significance of the Magna Carta?

The Magna Carta is historically significant because it established the principle that even the king was not above the law and had to respect certain rights of his subjects. It laid the foundation for the rule of law and influenced the development of constitutional democracies, including the United States.

What year did the Magna Carta originate, and where was it first agreed upon?

The Magna Carta originated in 1215 and was first agreed upon on a field outside of London.

Who was King John, and why is he considered a tyrant in the context of the Magna Carta?

King John was the monarch of England at the time of the Magna Carta. He is considered a tyrant because he taxed people without their consent, imprisoned them without fair trials, and abused his power by taking their property at will, leading to the barons uniting against him.

What was the main grievance of the barons against King John?

The barons were upset with King John primarily because of his excessive taxation and arbitrary seizure of their lands and properties without just cause.

How did the Magna Carta influence the American legal system?

The Magna Carta influenced the American legal system by introducing the concept of the rule of law, which asserts that everyone, including the king or government, must abide by the law. This principle was later incorporated into the U.S. Constitution and the Bill of Rights, emphasizing rights such as due process and protection from arbitrary government actions.

What is the 'law of the land' mentioned in the Magna Carta, and how did it evolve?

The 'law of the land' in the Magna Carta refers to the idea that the king could not arbitrarily imprison, harm, or take property from individuals except according to established law. This concept evolved into the modern understanding of 'due process,' which requires fair and established legal procedures before the government can infringe upon individual rights.

Who was Sir Edward Coke, and how did he contribute to the rediscovery and interpretation of the Magna Carta?

Sir Edward Coke was a prominent jurist in British history who played a significant role in the rediscovery and interpretation of the Magna Carta. He argued that the rights of Englishmen were safeguarded by Magna Carta and that the king was subject to both divine law and the law of the land. His interpretations helped establish the Magna Carta as a cornerstone of constitutional law and influenced the development of the rule of law and due process.

How did the Magna Carta serve as a rallying point for the American colonists?

The Magna Carta served as a rallying point for American colonists as they sought to assert their rights against the perceived tyranny of King George III. They viewed the Magna Carta as a symbol of their rights as Englishmen, and its principles informed their resistance to unjust laws and taxes, ultimately leading to the American Revolution.

What specific clauses from the Magna Carta are mentioned in the script, and what do they signify?

The script mentions Clause 33, which forbids the building of fish-weirs on the River Thames and the River Medway, and the clause that states 'no free man shall be arrested or imprisoned or disseized...except by the lawful judgment of his peers or by the law of the land.' These clauses signify the beginnings of protections against arbitrary government actions and the establishment of due process.

How did the Magna Carta's principles of limiting government power influence the U.S. Constitution and the Bill of Rights?

The principles of limiting government power found in the Magna Carta influenced the U.S. Constitution and the Bill of Rights by inspiring the inclusion of rights such as due process, habeas corpus, and an independent judiciary. These rights were designed to protect individuals from the potential abuses of power by the government, reflecting the Magna Carta's assertion that no one, not even the king, is above the law.

Outlines

00:00

🏰 Introduction to Magna Carta

The video script introduces the Magna Carta as a pivotal document in the history of democracy and rule of law. It was initiated in 1215 by King John of England, who was pressured by the barons to agree to a set of laws that would limit his absolute power. The Magna Carta established principles such as the right to a fair trial and protection from unlawful imprisonment and seizure of property. The script also draws a parallel between the Magna Carta and the founding principles of the United States, highlighting its influence on the U.S. Constitution and the concept of government by laws, not by the arbitrary will of a ruler.

05:01

📜 The Significance of Magna Carta

This section delves into the specific clauses of the Magna Carta and their implications. It discusses how the document, while initially focused on the rights of barons, laid the groundwork for broader legal principles such as due process and just compensation for seized property. The script emphasizes the revolutionary nature of the Magna Carta, which for the first time, imposed legal limits on the king's power. It also touches on the historical context, including King John's reputation as a tyrant and the barons' resistance to his abusive taxation and land seizures.

10:06

🌐 Magna Carta's Influence on Constitutionalism

The script explores how the Magna Carta's principles of limited government power and the rule of law were rediscovered and championed by Sir Edward Coke, a prominent jurist who argued that these rights were inherent to the English constitution. Coke's interpretations and the Magna Carta's influence are credited with shaping the colonial mindset in America, where it became a symbol of resistance against tyranny. The Magna Carta is portrayed as a foundational document that inspired the American Revolution and the establishment of a government based on the consent of the governed.

15:11

🏛️ The Legacy of Magna Carta in Modern Law

This final section of the script connects the Magna Carta to the U.S. Constitution and the Bill of Rights, highlighting how the ancient document's principles were incorporated into American law. It discusses the evolution of the concept of 'law of the land' into 'due process' and the importance of an independent judiciary to protect individual rights. The script also addresses the Civil War's impact on the rule of law and the subsequent amendments to the Constitution that reinforced due process and equal protection, ensuring that these rights are safeguarded against both federal and state infringement.

Keywords

💡Magna Carta

The Magna Carta, meaning 'Great Charter,' is a foundational document in the establishment of civil rights and the rule of law. It was signed in 1215 by King John of England and placed limits on the king's power, asserting that the king was not above the law. In the video, the Magna Carta is highlighted as the starting point for the English tradition of the rule of law and as a precursor to the principles that later influenced the United States Constitution and the concept of 'due process.'

💡Rule of Law

The rule of law is a principle that all authority and actions of the state, including the legislature and the executive, are subject to and constrained by law. In the video, it is emphasized as a core concept stemming from the Magna Carta, which set a precedent for the idea that no one, not even the king, is above the law. This principle is central to the video's narrative about the development of civil liberties and the protection of individual rights.

💡Due Process

Due process refers to the fundamental fairness required by law, ensuring that legal proceedings and the administration of justice are conducted fairly and transparently. In the video, the concept is traced back to the Magna Carta's 'law of the land' and is linked to the Fifth and Fourteenth Amendments of the U.S. Constitution, which guarantee that no person shall be deprived of life, liberty, or property without due process of law.

💡King John

King John was the King of England during the signing of the Magna Carta. He is depicted in the video as a tyrant who taxed people without their consent and imprisoned them without fair trials. His actions led to the barons demanding a charter that would limit his power, resulting in the Magna Carta. The video uses King John as an example of a ruler who was eventually constrained by the rule of law.

💡Barons

The barons were powerful nobles who played a significant role in the creation of the Magna Carta. In the video, they are portrayed as individuals who united against King John's tyranny, demanding a written agreement that would protect their rights and limit the king's power. Their actions are highlighted as a key factor in the development of the Magna Carta and the subsequent tradition of the rule of law.

💡Edward Coke

Sir Edward Coke was an influential jurist and a champion of the common law in England. The video discusses his role in the rediscovery and promotion of the Magna Carta's principles, arguing that it limited the king's power and safeguarded the rights of Englishmen. His interpretations and writings on the Magna Carta were influential in shaping the legal education of the American colonists and the framers of the U.S. Constitution.

💡Declaration of Independence

The Declaration of Independence is a document that declared the thirteen American colonies at war with Great Britain to be independent sovereign states. In the video, it is mentioned as a document that reflects the ideals of self-governance and the rejection of absolute power, which were inspired by the Magna Carta's principles of limiting the power of the king.

💡Constitution

The Constitution refers to the U.S. Constitution, which is the supreme law of the United States. The video explains that the framers of the Constitution were influenced by the Magna Carta's principles, particularly in terms of limiting governmental power and establishing a system of checks and balances. The Constitution is presented as an evolution of the ideas first introduced in the Magna Carta.

💡Bill of Rights

The Bill of Rights is the first ten amendments to the U.S. Constitution, guaranteeing certain rights and freedoms to the people. The video connects the Bill of Rights to the Magna Carta, noting that many of the rights enshrined within it, such as fair trials and protection from unreasonable searches and seizures, have their roots in the principles established by the Magna Carta.

💡Habeas Corpus

Habeas corpus is a legal principle that requires a person under arrest to be brought before a judge or into court, and to be informed of the charges against them. In the video, habeas corpus is mentioned as a fundamental right that evolved from the Magna Carta and is now protected by the U.S. Constitution, illustrating the continuity of legal principles from the Magna Carta to modern constitutional law.

Highlights

The film is a project of the Leonore Annenberg Institute for Civics and the Annenberg Public Policy Center, highlighting the importance of civic education.

The story of King John's tyranny and the resistance that led to the Magna Carta is recounted, drawing parallels to the founding of the United States.

Magna Carta's significance lies in its establishment of basic principles of governance and law, influencing legal systems for centuries.

Stephen G. Breyer emphasizes Magna Carta's declaration that even the king is subject to the law.

Anthony Kennedy discusses the revolutionary idea that law originates from the people, not the monarch.

The Magna Carta is recognized as the starting point for the English tradition of the rule of law.

King John is portrayed as a tyrant, setting the stage for the Magna Carta's necessity.

The barons' dissatisfaction with King John's excessive taxation and land seizures led to their united resistance.

The Magna Carta's original document was written on sheepskin, with 63 clauses in Latin, reflecting the practicalities of the time.

The Magna Carta's influence on American constitutional principles is discussed, including the idea that no one is above the law.

Due process, a concept originating from Magna Carta, is explained as the pathway to ensuring the rule of law is honored.

King John's attempt to annul the Magna Carta and its subsequent resilience is highlighted.

Sir Edward Coke's role in rediscovering and promoting Magna Carta's principles in British law is explored.

The Magna Carta's influence on colonial laws and the American Revolution is detailed, showing its enduring impact.

The American Constitution and Bill of Rights are shown to have been inspired by and built upon Magna Carta's principles.

The concept of 'due process' is traced back to Magna Carta, emphasizing its importance in American law.

The Magna Carta is celebrated as the first effort to limit absolute power and a foundational document for democratic principles.

Transcripts

This film is a project of the Leonore Annenberg Institute for Civics of the

Annenberg Public Policy Center of the University of Pennsylvania in

partnership with the Annenberg Foundation Trust at Sunnylands.

"Citizenship is every person's highest calling."

Okay so how many of you already know this story the King starts acting like a

tyrant, taxing people without giving them any say in how they're governed, and

throwing them in jail without fair trials. Some of the most important men of

the land come together fight back and declare that they won't be ruled

arbitrarily by the king, but by laws that govern everyone. Now if you were thinking

of the framers and the founding of the United States, you're close. You were only

off by about five hundred sixty years, an ocean, and a king because the event is

actually the approval of the original Magna Carta which began in 1215, on this

very field just outside of London. And the King John, not George, continued to

reign because he agreed to play by the rules of law. Magna Carta matters because

it set forth basic principle 800 years ago. Associate Justice of

the United States Supreme Court Stephen G Breyer. Among other things, it said that

the king who is the most powerful person in England, could not imprison a person,

and he wouldn't take their property and he wouldn't hurt them, except according

to law. Associate Justice of the United States Supreme Court Anthony Kennedy.

Magna Carta said the law comes from the people to the king. This was

revolutionary, and that idea that we all live according to laws and that not even

a king is above them, that began with Magna Carta. The Magna Carta is the

starting point for the English tradition of the rule of law. Magna Carta is an

assertion really of the rule of law, the idea that there is a set of limits on

government power. That's a very basic, very fundamental idea. And that idea

became a fundamental principle in America.

King John might just be one of the world's most famous tyrants. Think of

Robin Hood, that was King John. That was the John that we're talking about in

1215 Magna Carta times. You shall hang by your clumsy thumbs if you cut me again.

King John's behavior was if he saw you had some money he would think "well why

shouldn't I have it?" He really was the worst king in English history by quite a

long way. He'd taken the taxes, he demanded the money that went with making war

overseas, but he'd been defeated in his wars in France. And at home, he taken

taxes probably at a higher level than any King in the past.

Well the Barons didn't like that. Why were the Barons upset with King John? It

boils down to with money. He was abusing them with taxes, taking their land. Barons

were fed up with King John taking their money and property whenever he felt like

it. They united, formed an army, and threatened the king, "either start acting

like a good king and protect us, or we'll find a new king who will." It truly is the

start of some notion that the king does not have divine right and absolute power.

The paper said he wouldn't put them in jail and he wouldn't take their property

and he wouldn't hurt them except according to law. Now the barons didn't

like King John and they weren't going to take him at his word, so they made sure

the agreement was written down. 63 different clauses all in Latin and it

was 1215 people, their paper was sheepskin. To fit this document onto one

piece of parchment, onto one piece of animal skin, sheepskin, you've got to

merge all that and you would have writing very, very small writing on what

is effectively the back of a sheep. This must be the only great constitutional

document in world history that is limited in its scope by the size of a

medieval sheep. it became known as Magna Carta, which

literally means the Great Charter. But this is not a "We the People" moment. The

Barons were perfectly happy to keep the king. The Barons wanted a say in power,

they wanted a share of power. This first Magna Carta is full of little things

that only a baron would want. It's got some very strange things it. Clause

33 forbids the building of fish-weirs on the River Thames and the

River Medway. What on earth have fish weirs got to do with yours or my liberties? The

idea that you couldn't take corn or wood without paying for it became the

government cannot take property without just compensation. So narrow clauses that

were written were focused on a particular problem but they had a

meaning that was elaborated over time that became greater than the writing.

Then there's this, "no free man shall be arrested or imprisoned or disseized,"

that means having his property taken away, "or outlawed or exiled or in any way

victimized," this is King John speaking, "neither will we attack him or send

anyone to attack him except by the lawful judgment of his peers or by the

law of the land." That was a rather radical idea, that in other words, the

king who up until that moment on this field ruled as if he had powers given to

him by God, the king was agreeing to have his power limited by the law of the land.

Now what is the law of the land? Magna Carta doesn't specify what the law of

the land is but it does lead to the expectation that there is something

called law that can be recognized that is customary that other people, justices

and judges, can actually impose. And this is how way back in 1215, this document

set in motion an idea that informed the way Americans built their own

constitution and live today. See here, rule of law means that the law, not any

one person, but the law is ultimately in charge.

You obey the laws as they're written and everyone has to obey the laws equally, no

one is above the law. The idea behind the rule of law is simply it's the law that

is the ruler we don't have a person who's arbitrary will tells us what's

permissible and what's not. We have a system of laws. Arbitrary behavior. Do

whatever you want behavior. Wouldn't it be nice if what's mine is mine and

what's yours is mine too? And this phrase right here, "law of the land," came to be

the idea we know today as "due process." They cannot take, the government, your

liberty. They cannot take your property except according to fair law. Due process

means fair, not just law, but fair law in a country governed by the rule of law.

Due process is the pathway we take to get to a place where we can say, "yes the

rule of law was honored here." You can't have one without the other.

Pretty much the minute the King and the barons left the field, King John, living

up to the reputation of a worst King ever, went straight to the Pope and had

Magna Carta, annulled, canceled. Magna Carta was successful for about ten weeks.

But a funny thing happened on the way to constitutional democracy, turns out it's

really hard to annul a good idea once it's been written down. After John died,

future Kings agreed to be bound by Magna Carta, at first to keep their peace with

the Barons but gradually it became a tool for all the people to remind the

king he wasn't above the law. So it became part of the customary law of

England. In a sense the issuing of Magna Carta is a statement of power. It's a

statement that there's enough power in the people to make certain that the king

will agree to it. That gained immediate acceptance from the people. If people

insisted that the successors to King John sign on this Magna Carta.

This continued for hundreds of years, was nearly forgotten then, Magna Carta was

brought back to life, just as Britain was forming colonies in the New World by Sir

Edward Coke. Edward Coke was one of the most important jurists in British

history. Edward Coke, even though it looks like

it's spelled coke it's cook. As Attorney General he prosecuted Sir Walter Raleigh

and was eventually promoted to Chief Justice of the Court of Common Pleas,

where he became known as a champion of common law. The British constitution is

not written it's this collection of precedents that the common law and

statute law. it's what's accumulated. Coke argues that the English people have

fundamental rights under an ancient constitution, rights that no King can

take away. Coke says these constitutional rights are grounded in Magna Carta and

safeguarded by the elected representatives of the people: Parliament.

Edward Coke is tremendously important in the invention of this idea that there

was this ancient constitution that defended the liberties of Englishmen as

freeborn, free people and Parliament is the thing that protects the freeborn

English against these potentially tyrannical Kings. Coke wants a world

where there are things the crown is not allowed to do.

That's our modern notion of constitutionalism, but because the

British don't have a written constitution, that's hard to point to. He

really is fundamental to the rediscovery of Magna Carta. Coke said the king is

under no man but he's under God and law Lex

facit regem:the law makes the king. He argued that Magna Carta limited the

King's power, that because of Magna Carta, all free Englishmen not just barons had

rights a king had to respect. And with that argument Coke went on to write

British law asserting rights that are very familiar to Americans. Sir Edward

Coke is one of Britain's champions of the rule of law and due process.

And he argued that those ideas came from Magna Carta. A lot of our

understanding of the areas where government ought to be limited come out

of this early battle in the 17th century with the Crown in England. And in a world

where many people were beginning to think that Magna Carta was part of those

laws and liberties, it would have meant that in essence Magna Carta sailed with

the colonists as they sailed across the Atlantic. Remember they called it the New

World. Most of the people leaving England were determined to establish new lives

and new ways of doing things. They saw themselves as loyal subjects of the

Crown but they hoped for enough independence an ocean away to practice

different religions and economic independence so they could have more

control over their lives. Edward Coke actually helps write the Charter of

Virginia and Magna Carta is cited in colonial laws and when King George

tramples the rights of the colonists, they look to Magna Carta. The American

framers certainly would have used sir wood Coke's legal texts as part of their

legal education and so they would have been influenced by that thought as well.

Coke's writings later became of immense importance for the colonies. Magna Carta

becomes a rallying point for the colonists. It becomes an icon, it's

reproduced on currency, it's put up there on the state capitol buildings across

America. So, as King George starts to impose new taxes on the colonists,

imprison them without fair trials, and invade their homes for no reason, the

colonists begin to realize that maybe the way they're governing themselves is

what they really wanted all along, that maybe they should stop claiming English

rights and write their own. The idea that a king doesn't have absolute power turns

into we don't need a king we live by the laws that we make ourselves. Magna Carta

is the starting point of an idea that the Americans come to believe they are

the fruition of it. I mean they're very proud that they have gone one step

further than the British constitution, that people are sovereign. If you look at

the complaints against King George that are set out in the Declaration of

Independence, there are some that relate to just bad things that King George has

done to people, but the end goal of the American Revolution is really what's set

out in the Declaration of Independence. It's the right to govern ourselves. So

when Americans win that right by winning a long and bloody war, the framers draw

on the Old English law, but they invent something new. They will govern

themselves. So limiting the power of a king becomes limiting the power of our

own government. Probably the biggest conceptual break that the American

Constitution makes from the existing British system is that no single branch

of government has the ultimate authority. Our Constitution sets itself up as the

supreme authority in our system of government. The framers don't discuss

Magna Carta as they write the Constitution, but they still borrow from

it. Economic protections like no taxation without representation, even "standard

weights and measures," a phrase taken directly from the original Magna Carta.

And some really important ideas that evolved from centuries of Magna Carta

and Coke's interpretation of it become fundamental rights written into our

Constitution. Fair trials, habeas corpus, and an independent judiciary to protect

those rights. And the connection is even stronger in the Bill of Rights.

You see it's influence more with the Bill of Rights, where we get these limits

on the government that has been created because the idea is here's this

government, perhaps it's going to be dangerous, perhaps it has too much power

we want to put down in writing certain limits and we're going to have an

independent judiciary that will enforce those limits. The phrase in Magna Carta

article 39 is "law of the land," within just about 50 years some commentators

were calling it "due process" and so it became a synonym. The language of the

Fifth Amendment, "due process" comes from all of those colonial charters

were heavily inspired by Magna Carta. It's the foundation for jury trials and

criminal procedures and the rule of law and it's written down for everyone to

see. In 1215, Magna Carta was written and then sealed. Declaration of Independence

and the Constitution and the Bill of Rights, they're all written documents and

that is a very, very strong history at least from the United States of America,

to have these written documents that symbolize our rights. And in the case of

our Constitution, protects those rights. The fact that it's written means that a

lot of people who don't necessarily have the same upbringing and cultural

differences can all refer to the same thing so people all over America can

hold up this document. And they do. And when the rule of law broke down as it

did during the Civil War, the Constitution had to be amended to make

sure fundamental rights like due process were protected equally and for everyone.

So due process actually appears in the Constitution twice. You say, "why twice?

Because it's so important we want to write it down twice?" Well when they wrote

this document, the Constitution, they were creating the federal government. With the

Bill of Rights the framers wanted to limit the power of the new national

government so the Fifth Amendment protects against federal power. After the

Civil War to protect the rights of four million new citizens, former slaves,

Congress expanded due process and put it in the Fourteenth Amendment, this time to

protect those rights against the states. And that's why that 14th amendment says,

"no state, no State shall deprive any person of life, liberty, or property,

without due process of law; nor shall any state deny a person equal protection of

the law," so now say it twice. Feds you can't infringe our Liberty. You must

follow a rule of law. And states echoes for you too. 800 years

ago barons and a king met on this field and agreed, for the first time, that a

king is not above the law and has to respect certain rights of his subjects.

They wrote it down, and Americans took those ideas expanded them and made them

bedrock principles that we live by today. No one is above the law and we all have

rights our government must protect. The best way to see the Magna Carta is the

first time that efforts were made to constrain and restrict absolute power.

It's a sort of starting point that leads all the way to "We the People."