What Year Is This Anyway?: Rollback to 1214 AD

[rodeodance]

http://www.commondreams.org/views06/0106-20.htm

Published on Friday, January 6, 2006 by TomDispatch.com

What Year Is This Anyway?: Rollback to 1214 AD
by Nick Turse


What might happen to an "often cruel and treacherous" national leader who "ignored and contravened the traditional" norms at home and waged "expensive wars abroad were unsuccessful"?

On June 15, 1215, just such a leader arrived at Runnymede, England and --under pressure from rebellious barons angered by his ruinous foreign wars and the fact that "to finance them he had charged excessively for royal justice, sold church offices, levied heavy aids," and appointed "advisers from outside the baronial ranks"-- placed his seal on the Magna Carta. The document, which was finalized on June 19th, primarily guaranteed church rights and baronial privileges, while barring the king from exploiting feudal custom. While it may have been of limited importance to King John or his rebel nobles (as one scholar notes, "It was doomed to failure. Magna Carta lasted less than three months"), the document had a lasting impact on the rest of us, providing the very basis for the Anglo-American legal tradition.

Over the years, the Magna Carta came to be interpreted as a document that forbade taxation without representation and guaranteed trial by jury. In the U.S., it is seen as providing a basis for the 5th Amendment to the Bill of Rights that holds: "No person shall… be deprived of life, liberty, or property, without due process of law…" (The Magna Carta states: "No Freeman shall be taken, or imprisoned… but by lawful Judgment of his Peers, or by the Law of the Land.") While many progressive and democratic understandings of the document, popular from the seventeenth to the nineteenth century, have now been dismissed as misinterpretations, the Magna Carta has one absolutely significant feature. As the website of the U.S. National Archives and Records Administration (NARA) notes, "When King John confirmed Magna Carta with his seal, he was acknowledging the now firmly embedded concept that no man -- not even the king -- is above the law."

Fast forward 561 years. Says NARA, "In 1776, the Founding Fathers searched for a historical precedent for asserting their rightful liberties from King George III and the English Parliament." They found it in the Magna Carta. Fast forward another 230 years. Their war for independence long since over, Britain's former rebel colonies begin the new year of 2006 on a precipice. During the previous 365 days, they saw, among other shocking displays, their Vice President publicly campaign against Senator John McCain's anti-torture amendment and, as such, essentially offer his support for illegal torture. Then, following a failed attempt by the President to quash a New York Times story on the National Security Agency (which the paper had already suppressed for a year), the people also found out that their President had ordered unlawful spying on American citizens.........

[rodeodance]

1. will be a nation of laws or of men (Bush)???

.....During the Watergate crisis (to hop a couple of centuries) and just after he was fired by a President who wanted to shield his criminal acts by citing the doctrine of executive privilege, Special Prosecutor Archibald Cox warned, "Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people." Just 33 years later, the question again begs answer -- is this to be a nation of laws or of men? Is this to be a nation that recognizes nearly 800 years of Anglo-American legal precedent in which even the nation's chief executive is subject to the rule of law, or one that allows that leader to assume the unchecked rights of a sovereign during the Middle Ages? Are we willing to accept the Bush administration's latest rollback campaign and reset the calendar to 1214?.......

[aquart]

2. Those were the days.