Recognition of the Magna Carta
June 15, 2015 is the 800-year commemoration of the sealing of one of the most important documents in American history, the Magna Carta. Magna Carta literally means the Great Charter in Latin. Some historians believe that the Magna Carta was an attempt to restore rights from the English Constitution that were overthrown in the Norman invasion of England in 1066. It is also believed that the restoration of these rights make the Magna Carta an essential building block for such legal principles as today’s habeas corpus laws in the United States. The Magna Carta was originally drafted by the Archbishop of Canterbury to make peace between the unpopular King John of England and a group of rebel fighters. The charter actually failed initially and was void by Pope Innocent III. After King John’s death his son, Henry III, had the document revised to eliminate some of the more drastic provisions and it was reissued in 1216. The charter was still unsuccessful until the end of the war in 1217 when the current version of the Magna Carter was part of the peace treaty agreed to at Lambeth. Eight years later in 1225 King Henry was short on money and reissued the charter in exchange for a grant of new taxes to provide him with affluence. This process was repeated 72 years later by his son, King Edward I. It was at this time the Magna Carter was confirmed as part of England’s customary laws. Lord Denning, a revered English lawyer and judge, depicted the Magna Carta as “the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot.”
Why should you care about the anniversary of the Magna Carta? The Magna Carta is relevant to every citizen but especially every lawyer in the United States. Many of the original Thirteen Colonies were influenced by the Magna Carta when drafting the laws of their settlements. Parts of the Magna Carta were also used in 1789 when the United States Constitution was drafted and are enforced today by the Supreme Court of the United States. Even the thought of having written laws was a concept tied to the fact that the Magna Carta had been recorded.
Most importantly, the Magna Carta is significant because it was the basis for some of the most fundamental laws we have today including: the right to due process of law, the right to trial by jury, the right to a speedy and unbiased trial, the right to be protected against excessive taxes, and the right to be safeguarded from unusual punishment.
The rights afforded to us based on the Magna Carta are celebrated today. Happy Anniversary Magna Carta!
