Magna Carta / U.S. Constitution

Magna Carta / U.S. Constitution

The Magna Carta is considered one of the oldest documents that enforced democratic law for a society, and the U.S. Constitution is considered the ultimate law of the land in the United States. Since the "founders" of the U.S. Constitution -- also referred to as the "framers" -- turned to the Magna Carta for inspiration and for a model to utilized, it is a worthy assignment to make comparisons between the two documents. This paper reviews and compares the two documents and answers questions relative to the specific aspects of each document.

The Magna Carta

To begin with, there are similarities between the two great documents based on the conditions that existed in each country at the time each document was written. The Magna Carta came about in 1215 due to the rebellion of English barons who had become impatient and angry with King John of England. To wit, King John had been increasing the taxes on his countrymen to outrageous lengths, he had lost control of English ancestral territories in France, and had been forced to give ground to the Roman Pope's demands, all of which showed his weaknesses and angered the barons. So the barons put their grievances on paper, including the rights they believed English people should enjoy, and forced King John to sign the document. It was formalized in July, 1215, as the Magna Carta.

Meanwhile the American colonists were angry at the way the English were taxing them ("taxation without representation") and they were weary of the brutal oppression experienced at the hands of the British army that tried to keep England's hold on the colonies. Hence, the Articles of Confederation were created, which (to a great degree) James Madison authored, using the Magna Carta as a source of reference and inspiration.

ONE: How are the two the same and how are they different vis-a-vis the rule of law? Both documents established the principles for "determining legal status of laws and government authority" (Betz, 2011, p. 263). Both point to the right of due process and trial by a jury of one's peers: "No free man shall be arrested or imprisoned, or deprived of his rights or property…except by lawful judgment of his equals or by the law of the land" (Magna Carta). And taxes were to be levied only through the consent of the elected officials. The Magna Carta was different from the Constitution in that the Magna Carta was mainly concerned "…with largely feudal issues that benefited the aristocracy," whereas the Constitution was based on creating fair representation by the people (Arnheim, et al., 2009).

TWO: The fairness of the laws is similar in that when the phrase "rule of law" is stated, it just means that no one is above the law. In the case of the U.S. The Constitution it is largely about limiting the powers of government when basic bottom line issues dealing with individual liberties are at stake. In the Magna Carta (Clause 40) it states something very similar: "To no one will we sell, to no one will we refuse or delay right or justice."