>> From the Library of
Congress in Washington D.C.
[ Silence ]
>> Hello. I'm honored to have
this opportunity to share
with you some thoughts
about the meaning
and continued importance
of the "Magna Carta."
"The Great Charter" is one
of the most important legal
and political documents
in world history.
It helped solidify the principle
that no person, whether commoner
or king is above the law,
and was a significant step
on the road to British democracy.
Less well known is the
impact the "Magna Carta" had
on the American Revolution.
Colonists routinely invoked
the "Magna Carta's" protections
in response to English injustices.
The Massachusetts Assembly,
for instance,
declared the "Stamp Act"
illegal because it violated the
"Magna Carta" and John
Adams cited the charter
in opposing royal restrictions
on the colonial courts.
The "Magna Carta" even appears on
Massachusetts first State Seal,
which depicts a militia man
with a sword in his right hand,
and a copy of the "Magna
Carta" in his left.
Today, 800 years after it was
written, and nearly 250 years
after it inspired our
nation's founding,
the "Magna Carta" remains
just as relevant as ever.
Although we do not often cite it on
the Senate floor, or invoke its name
when proposing legislation,
its spirit
and principles permeate
the work we do in Congress.
Foremost among the great
charters ideals are the notion
that all are accountable to the law,
and that no one, no matter how high
or low his station may be
deprived of life, liberty,
or property without
due process of law.
The laws we write in
Congress apply to all people.
We do not create special carve
outs for high executive officials,
or for our friends and family.
We may debate how best to
formulate a particular policy,
but we would never presume
to exempt ourselves,
or the President from
following the law.
My colleagues and I also make
real the principle that no one is
above the law by conducting
oversight hearings, and by insuring
that executive branch officials are
faithfully fulfilling their duties.
We expect the President and
his appointees to follow all
of the laws, not just
those that are convenient
or that benefit the
President politically.
This is true for both Republicans
and Democratic administrations.
We in Congress also recognize
that fundamental notions
of due process cabin our authority
to intrude upon liberty or to take
from Americans to feed
the governments appetite.
We battle mightily over taxes and
spending both within Congress,
and with the President because
our "Constitution'" following the
"Magna Carta's" teaching requires
the consent of the governed
as exercised through their
representatives to tax and to spend.
In addition to codifying
foundational political principles
the "Magna Carta" also
contains the seeds
of our constitutional structure.
The supremacy clause, the takings'
clause, the origination clause,
the right to a speedy trial, the
guarantee against excessive fines;
all of these have roots
in the "Great Charter."
When the framers met
in Philadelphia,
they did not write on a blank slate.
Centuries of legal and political
history informed their judgments,
and at the very center of that
history lay the "Magna Carta."
I applaud the Library of
Congress for its important work
in highlighting and
commemorating this vital document.
We ought more often to remember
the history of our liberties,
and the efforts our
forbearers undertook
to ensure those liberties
would last.
Among the most important efforts
in all human history to defend
against arbitrary power
and to strengthen the rule
of law was the "Magna Carta."
It was a vital and indispensable
forerunner to our modern day
"Constitution" which we in
Congress strive everyday to uphold
and that are which I am
honored to hold office.
Thank you.
>> This has been a presentation
of the Library of Congress.
Visit us at loc.gov.