this is the usa, not england. the year is currently 2025, not 1215. and, at this time, and according to our us constitution we have branches of government... some have more power than others.
jmo
I don’t want to derail the thread into a discussion of the Magna Carta except to correct such a dismissive attitude toward it. Historically, the U.S. Constitution owes a great deal to the Magna Carta as understood by the Founding Fathers.
As I’m sure you know, we have three branches of government that operate with a system of checks and balances to prevent one branch from becoming more powerful than another if the checks and balances are observed. However, what we are faced with now is a President (executive branch) who believes he has unlimited power. The Republican legislature won’t exercise its power to check him and he ignores the courts who have no power to enforce their decisions. This was not the intention of the Founding Fathers who were trying to prevent a tyrannical dictator/king wannabe like Donald Trump.
Regarding the Magna Carta’s influence on the U.S. Constitution:
Magna Carta exercised a strong influence both on the United States Constitution and on the constitutions of the various states. However, its influence was shaped by what eighteenth-century Americans believed Magna Carta to signify.
www.loc.gov
Magna Carta exercised a strong influence both on the United States Constitution and on the constitutions of the various states. However, its influence was shaped by what eighteenth-century Americans believed Magna Carta to signify.
Magna Carta was widely held to be the people’s reassertion of rights against an oppressive ruler, a legacy that captured American distrust of concentrated political power. In part because of this tradition, most of the state constitutions included declarations of rights intended to guarantee individual citizens a list of protections and immunities from the state government.
The United States also adopted the Bill of Rights, in part, due to this political conviction.
Both the state declarations of rights and the United States Bill of Rights incorporated several guarantees that were understood at the time of their ratification to descend from rights protected by Magna Carta. Among these are freedom from unlawful searches and seizures, a right to a speedy trial, a right to a jury trial in both a criminal and a civil case, and
protection from loss of life, liberty, or property without due process of law.
Many broader American constitutional principles have their roots in an eighteenth-century understanding of Magna Carta, such as the theory of representative government, the idea of a supreme law, and judicial review.
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Due process, which is an important subject on this thread, also has origins in the Magna Carta.
Due process of law is a constitutional guarantee that prevents governments from impacting citizens in an abusive way. In its modern form, due process includes both procedural standards that courts must uphold in order to protect peoples’ personal liberty and a range of liberty interests that...
www.loc.gov
Due process of law is a constitutional guarantee that prevents governments from impacting citizens in an abusive way. In its modern form, due process includes both procedural standards that courts must uphold in order to protect peoples’ personal liberty and a range of liberty interests that statutes and regulations must not infringe.
It traces its origins to Chapter 39 of King John’s Magna Carta, which provides that no freeman will be seized, dispossessed of his property, or harmed except “by the law of the land,” an expression that referred to customary practices of the court. The phrase “due process of law” first appeared as a substitute for Magna Carta’s “the law of the land” in a 1354 statute of King Edward III that restated Magna Carta’s guarantee of the liberty of the subject.
The Fifth and Fourteenth Amendments to the Constitution, which guarantee that no person shall “be deprived of life, liberty, or property, without due process of law,” incorporated the model of the rule of law that English and American lawyers associated most closely with Magna Carta for centuries. Under this model, strict adherence to regular procedure was the most important safeguard against tyranny. Over time, courts in the United States have ruled that due process also limits legislation and protects certain areas of individual liberty from regulation.
BBM