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I had not thought seriously about the relevance of the Magna Carta since junior high school until reading Justice Sandra O’Connor’s reference to it in her recent book about the Supreme Court. Ms. O’Connor felt that the Magna Carta is a living document that provides inspiration to current jurists. Given her comments I thought it might be fun to look up some information about this famous document.

 

In summary, the Magna Carta from an historical perspective was an early attempt to protect the rights of citizens from arbitrary royal abuse. Moreover, these rights were specifically guaranteed to future generations.

 

In 1215, King John under threat of civil war granted certain rights to English free men. This act therefore established a precedent that the absolute right of kings must be measured against the rights of free Englishmen. Specifically, the Charter promised “no free man shall be dispossessed except by the lawful judgment of his peers or by the law of the land. Our federal and state constitutions show ideas and even phrases directly traceable to the Magna Carta.

 

According to Ms. O’Connor the Magna Carta was rescinded and reissued over many years before it became a permanent part of English common law. Over the eight centuries since its inception each successive generation has expanded it reading of the Magna Carta to provide broader civil rights protection.

 

The Charter can be divided into nine groups. The first concerned the church asserting that it was to be “free” from royal interference. The second and third groups provided specific protections to the land holdings of the barons and their constituents. A fourth group protected towns, trade and merchants. A fifth group sought to curtail arbitrary actions by royal administrators. The final clause provided a form of security for the king’s adherence to the charter, by which council of 25 barons should have the ultimate right to levy war.