The rule of law is undergoing serious strain in the United States for [waves hands all around] … reasons.
In a democracy, laws are complex because we’re trying to fairly balance the rights and freedoms of all citizens in their wonderful diversity, along with those of businesses and nonprofit organizations. The government (federal, state, local), through its structures and laws, is meant to uphold the rights and freedoms of all, not tilt the scales of justice in favor of one group over others.
Unfortunately, an elephant has landed hard on one side of the scales, tilting them in favor of the billionaire class and throwing everyone else off.
It’s easy at a time like this to think that the people serve the government … which is what the Dictator-in-Chief really wants you to believe. But, the President, Congress, and Supreme Court serve at the behest of the American people, not the other way around.
To remind ourselves of how things are supposed to work in our democracy, it’s helpful to revisit our founding documents. (Gasp! Learn something from history? How dare we?!?) One that has been brought to the fore lately is the Magna Carta.
Several weeks ago, I attended a webinar by Professor David Schultz of Hamline University on the history of the Magna Carta. While I had heard of the Magna Carta ages ago in middle or high school, I didn’t remember anything about it. After attending Professor Schultz’s presentation, which was so clear and informative, I’m not sure that what I learned so long ago actually provided this much depth in such an effective and condensed way.
In brief, the Magna Carta was signed in June 1215 between King John of England and a group of wealthy barons to provide certain rights to those barons and to place limits on the King.
Professor Schultz provided a summary table of the important concepts the Magna Carta established and how they became part of U.S. democracy, including the rule of law (no one is above the law), due process (legal procedures are to be fair), habeas corpus (protection against being detained – Kristi Noem should have taken this webinar because she got this totally wrong recently), consent to taxation (no taxation without representation), and limited power (each branch of the government checking and balancing the others).
That’s a lot of foundational legal stuff from one document written long before the Declaration of Independence and U.S. Constitution were signed.
What strikes me is that the Magna Carta was an attempt to keep the peace between wealthy barons and the King. Perhaps today’s billionaires would do well to keep this in mind. The U.S. government, with its laws and regulations, is meant to protect them, as well, not make them capitulate or pay bribes to an autocratic leader. (No kings, people. That’s why we fought the Revolutionary War.)
Professor Schultz’s presentation was eye-opening and enlightening, but it’s not the only mention of the Magna Carta that’s come to my attention recently.
Turns out, Harvard University Law School discovered that the cheap ($27.50) copy of the Magna Carta it bought after World War II is actually the real deal … one of 7 copies of the document produced in 1300. And, it’s worth millions.
Historian Heather Cox Richardson wrote about the discovery in her May 15, 2025, issue of Letters from an American. I love how she opens her letter on the subject:
“Perhaps in frustration, this season’s writers of the saga of American history are making their symbolism increasingly obvious.”
Yes, indeed, we Americans need the obvious messages the Magna Carta is trying to impart as we work to save our democracy.
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Well done Mary! Too bad today’s republicon party haven’t read it or just plain don’t care. 🙁
Thanks, Joan. I think it matters more that the rest of us, those of us who care about saving our democracy, know what’s in our foundational documents, so we know what we are trying to save.