The Contemporary Presidency: Magna Carta and the Contemporary Presidency

Eight hundred years after King John affixed his seal on an agreement with his rebellious barons (it was not called Magna Carta then) the Great Charter is celebrated as the classic embodiment of the fundamental principles of rule of law, limited government, and individual rights. Despite this reverence, scholars have pointed out that much of the mythology regarding Magna Carta is not historically accurate (Holt 1992, 9; Lepore 2015; Radin 1947). Rather than being in effect "in perpetuity," it was in legal effect for only ten weeks (Breay 2002, 40). It was intended to bring peace, but it quickly resulted in civil war. Rather than a statement of justice for all, it was meant to serve the purposes of the aristocracy of England in the thirteenth century. It did not authoritatively bind the English Kings of the Tudor or Stuart dynasties (Carpenter 2015, 435). Most of its sixty-three clauses concerned archaic details about inheritance and specific taxes, and the British Parliament has repealed all but four of its articles. It was not even translated into English until 1300, having been written in Latin and quickly translated into the vernacular, which in 1215 was French (Lepore 2015). Although these assertions may be historically accurate, they are beside the point. Historical events have an impact according to the significance attributed to them in future years. Over the past 800 years, Magna Carta has formed the basis and inspiration for historic statements of English liberties and limited government, and its legacy heavily affected the U.S. Constitution and Bill of Rights. This article will first examine the historical circumstances surrounding the agreement at Runnymede of June 15, 1215. It will then examine the influence of Magna Carta in fighting Stuart absolutism in the seventeenth century. Finally, it will argue that the timeless principles embedded in Magna Carta continue to be relevant to contemporary governments, particularly the U.S. presidency. (1) Historical Context of Magna Carta The original purpose of Magna Carta was not to assert individual rights, but rather to curb what was seen as the despotism of King John. Specifically, Magna Carta concerned feudal prerogatives of the king and his relationship with the barons of his kingdom. John's need for money to conduct his wars in France led to the abuses of traditional taxes collected by English kings (Carpenter 2015, 70, 202). John inherited the Angevin empire, including significant portions of France, but he was not successful militarily in defending them. In 1204 he lost Normandy, and in 1214 he lost the rest of the Angevin holdings in Europe at the battle of Bouvines. The most powerful barons in England had chafed under John's often arbitrary and capricious rule, particularly his continuing demands for more money to regain lost territories on the continent. In the fall of 1214 the complaints of the barons came to a head and they confronted John, demanding that he grant them rights dating back to the coronation charter of Henry I and the promises of Edward the Confessor before him (Vincent 2012, 11). They particularly objected to the scutage (payments in lieu of military service) he demanded to support a return to France to reclaim his empire. They did not object in principle to scutage, amercements, fines and other demands for taxes, but John had increased the amounts significantly without consulting them, and his demands were administered arbitrarily and coercively. When John saw dissent becoming serious, he hired mercenaries to supplement the minority of barons who remained loyal to him and began to fortify castles. In the spring of 1215 the objecting barons gathered together to take up arms and oppose John, and in May they renounced their fealty to him. This amounted to treason and the threat of civil war. On May 17, they captured London, a serious blow to John's sovereignty. Because the military force that the barons put together was formidable, John decided to negotiate and met them at Runnymede in June. …