White folks to and understand in a lot of ways that in slave africanamericans were people. A Bruce Vaughan as property. For her to a humanize and make them people and for her readers to understand that this is wrong, the breaking up of human families is morally wrong and unchristian was the goals she set for herself in showing the wrongs of slavery in uncle toms cabin. For more information on booktvs recent visit to hartford and many other destinations on our citys toward go to cspan. Org citiestour. Now we bring you the Second Annual bill of rights book festival. For the next four hours panels from the National Constitution center in philadelphia. Mary sarah builder and Sanford Levinson all discuss their book but first a. E. Dick howard on his book the road from runnymede on the magna cartas influence on the constitution. [applause] ladies and gentlemen, happy bill of rights day. This is no ordinary bill of rights day. On december 15th, 1791, the bill of rights was ratified and made part of the constitution this day and this moment is in fact the 225th anniversary of the ratification of the bill of rights. A round of applause for the bill of rights. I am jeffrey rosen, president of the National Constitution center which is the only institution in america chartered by congress to disseminate information about the u. S. Constitution on a nonpartisan basis. We have a furrowing bill of rights, a blockbuster show of four marvelous books about the bill of rights. You will hear about the origins of magna carta, the efforts to change his own role in the drafting of the constitution. You will hear the value of dissent throughout Supreme Court history and a great book trying to channel writers of the federalist papers and imagine what they would think about this. It will be a wonderful substance today. I am excited to introduce bill of rights day by introducing you to a magnificent new interactive tool the National Constitution center launched on Constitution Day and is now thrilled to distribute to every student in america and i want all of you and our cspan viewers to follow along with me as i show you this remarkable nonpartisan pool and tell you what it can do ended is the perfect introduction to our first panel about the relationship between the magna carta and the bill of rights. The interactive constitution which you confined on constitutioncenter. Org is an exciting project is a collaboration between three great organizations, the federalist society, the American Constitution Society and the College Board which decided to make this a centerpiece of the new 80 history government exam. What we have done with the help of our great partners is to ask the leading scholars in america from every perspective, liberal and conservative and everywhere in between to write about every clause of the constitution describing both what they agree about and what they disagree about so when you go to the site you can be confident that when you read the common statement about what scholars agree about this is a bulletproof bipartisan statement in which scholars with greatest divergent perspectives agree like unanimous Supreme Court majority opinion. And then you can read their separate statements which are like separate occurrences. Bill of rights day, here we have only the first week in amendments to the bill of rights but now all 15 amendments building up the rest of it over the next few years. Lets begin with the fifth amendment which says a whole lot of things but it includes what is called the due process clause which says no person shall be deprived of life, liberty or property without due process. What is the core meaning or historic source of that . You can click on the common statement and you will see roger fairfax, the leading scholars of the new process called divergent perspectives telling you, i am reading now the principles of government should be limited, very old in angloamerican law. The magna carta statement of subjects rights issued by king john of england became well known over the centuries, chapter 39 provides no free man shall be arrested or imprisoned except by lawful judgment of his peers or by the law of the land. This language gave rise to the constitution. And read the rest of this and you will hear about the development of the due process clause, current controversies in you can read professor fairfax and professor harrison with their disagreement about how the fifth amendment apply. This is an magnificent introduction to do process but that is not all. With this great fool you cannot only by a knife but you can explore the actual revolutionary era as well as sources in English Common law that gave rise to the due process a you can click on rights, we want to begin with the fifth amendment, the one we are talking about and hear you will see the authority of sources James Madison relied upon when he wrote the bill of rights, he didnt make these rights out of thin air. He cut and pasted from revolutionary or state constitutions and the English Commonlaw sources including most significantly the magna carta, and the language, now manage to be taken or imprisoned or deprived of liberty is or exiles or any otherwise destroyed nor will we pass upon him nor condemn him but by lawful judgment of his peers and you can trace the evolution of that language through madisons first proposal which doesnt look exactly like the fifth amendment as it ended up. It doesnt even here it is. The due process clause should not be a witness nor deprived of life, liberty or property without due process and we can compare madisons first proposal which does contain that language and you can watch it as it moves through the senate and through congress and ends up in its final form. This is a magnificent tool not only for studying history of government but language, the head of the College Board, and i hope students from 8 to 80 can engage and carefully followed the evolution of this great principle. There is one final exciting thing this magnificent tool can do. We already started with a contemporary agreement and disagreement about due process was, move back in time to see its roots in the magna carta and revolutionary era state constitutions like virginia bill of rights that has a phrase that says no one can be justly deprived of the laws a land. The virginia declaration 1776 has language which sounds even more like article 39 of the magna carta, a final draft of the fifth amendment itself but not only can you start with the present, go back in time, but now you can trace the spread of these liberties across the globe and this astonishing final platform, rights around the world, you can click on the due process guarantee which is right here and you can see due process clause and you can see every other country in yellow that has a version of due process clause so if you click on the United Kingdom of course you find the magna carta, article 39 itself as well as the human rights act of 1998 which says no one will be deprived of liberty in all cases and it gives examples of how interesting to compare the historic sources of the contemporary exploration and you can click on other countries that protect due process including germany which says every person shot be entitled to hearing and importance of law, how wonderful it is for International Visitors to the Constitution Center to see this platform you can access and the beautiful bill of rights gallery, 12 original copies of the bill of rights, pick a right interests than that the american constitution can compare it with the way the constitutions are. And an exciting new constitution drafting, google helped support at the Constitution Center bringing together drafters of constitution abroad and school kids to compare american constitutionalism so it is an incredible tool that we hope will transform constitutional education in america, bring it to every student in america so i want you and our cspan viewers to check it out, constitutioncenter. Org, dig deep into it, prepare the historic contemporary and international sources, tell us what you think, and lets Work Together to transform constitutional education. With that enthusiastic introduction as we show this platform, i get very fired up, it is my distinct honor to introduce the leading scholar on magna carta, professor a. E. Dick howard to kickoff bill of rights day, eager to get him to the Constitution Center for a long time. Theres no more efficient moment and no more distinguished scholar to begin our proceedings, he is the miller professor of law in Virginia School of law, he was a Rhodes Scholar and law clerk to justice hugo black on the Supreme Court, one of my favorite justices, you go in honor of hugo black, hugo black, there was hugo black on the force of we should have picked you go and he is a hero. He really believed in enforcing the constitution and believed in the First Amendment more passionately than anything else. Professor howard has consulted with state and federal bodies. Often constitutional draftsman in other states and helped draft constitutions in the philippines, hungary, czechoslovakia, Real International statesman, he has argued cases before the Supreme Court and his many books and articles include the road from runnymede, not magna carta and constitutionalism in america, please join me in welcoming a. E. Dick howard. That was an enthusiastic introduction i kick off my glasses at the university of virginia, jeff is certainly alerted you to why we are setting, bill of rights day with magna carta and other wireless using credit choice, but the english documents years ago, what to do with the bill of rights, there is a road to the bill of rights really begins with the magna carta. As many of you know this is the hundredth year since magna carta is first agreed to buy on june 15th, the exact anniversary date so i come back with a sense why the english were celebrating, makes great sense that they would be making a lot of this anniversary but the question i put to you and talk about this morning is why should we care . Why should we care about this bargain between reluctant king john and aggressive barons in the year 1215 . The story takes us back to and begins with king john himself. I didnt really meet king john, but that would be a little bit of a stretch. My student thing, that the philadelphia convention, but was first introduced to the idea of king john when i was a kid and my parents would reef, one of the books, you know the creator of winnie the pooh, many of you are winnie the pooh fans. You created a wonderful book called now we are six. If you dont know that book for your children and grandchildren is a wonderful read. One of the poems is called simply king Johns Christmas and the point begin Something Like king and john was not a good man, he had his many ways and sometimes days and days and days. Being shunned like that, this is pretty bad. I grew up, nobody could be as bad, grew up and started reading about king john and he was that bad. May be worse. He certainly was morally corrupt. No accident the king of dean lind has never been named john since that king john and never will be one. Not only morally bankrupt but also the most inert king in english history, he was a terrible military leader in 1214, lost most of the Land Holdings in france, he quarreled with the pope over the appointment of archbishop of canterbury giving in to the popes wishes. The townspeople were against him. The town of blunden but above all he made enemies of the terrorists themselves, makers and shakers and and answer military adventures and he would pledge to money from the midway is that cannot persist with practice. And presented their demands to reluctantly acquiesced . But i wont walk you through the provisions of magna carta, things that need not concern us but the centerpiece of magna carta is one that jeff pointed to, chapter 39 and that is the one that provides no one shall be proceeded except by the law of the land, and it came within a century or so after magna carta could be interchangeable with what we today call due process of law. When you read the fifth, and fourteenth amendments, you will see a concept which traces directly to the magna carta. That is where all started. Magna carta, king john, within a couple months it was but dead letter. If that was all there was to the story i would not be up here this morning, we would not be talking about magna carta but king john died in 1216. One of the chroniclers said he died of peaches and new cider. If someone offered you that at a christmas party, youre going to, i would push the plate away and say no thank you. He died the next year. His successor, henry iii was 9 years old. This is the middle ages. How long is a 9yearold kid, will he live maybe so, maybe not. You have all seen game of thrones, you know what it was like. Is region, william marshall, a remarkable man, hit upon what we today would call a Public Relations gesture, and lets get this young prince, now king, to reissue magna carta. He did that and that set in motion a tradition of successive english monarchs beginning their rain by reissuing the magna carta as a statement of good faith respecting rights and liberties of the english ople. So that is where it begins. One mention of the middle ages, a century or two after magna carta, a statute was passed, instruction to judges the set if magna carta and another stage where in conflict that you would prefer magna carta. It was thought to be better than other statutes and that begins to set in train the notion the we would call constitutional and judicial supremacy, the notion of the constitution as a superstatutes, already beginning to emerge as early as the middle ages in england. I am going to pass over the tutor period, henry viii who is thought of as a great time of Constitutional Governments, certainly the wives of henry viii wouldnt have thought that. Let me jump over to the century in which the First Permanent english colonies were being planted on this continent. It was also in england a turbulent period of civil war, conflict of every kind. It must have been a dreadful time, i take it the civil war in england was as bad as the civil war in this country. In constitutional terms, Queen Elizabeth died and the crowd went to james vi of scotland, james i of england, the house of stuart came to the throne of england. James brought with him a concept of the divine right of kings. Imagine that was not accepted as a traditional english precept, the rights of parliament, one of the leaders of the parliamentary opposition to james i was sir edward coke. The english language, they do what they like. As sir edward coke was leader of the opposition and during debate in parliament, kings prerogative, coke said magna carta is such a fellow, he will have no sovereign. Even the king was limited by the preceptsf the magna carta. It was a turbulent century, civil war in the 1640s, 1649 the execution of charles i which brought into being the cromwellian commonwealth will you and i live in commonwealths, commonwealth of pennsylvania, commonwealth of virginia in the seventeenth century. After the cromwellian regime, the stewarts came back, struggles continue to in parliament, and historians call the glorious revolution which brought william and mary to the throne and put an end to the jamess and stewart and charless and as part of the constitutional settlement agreed to the english bill of rights. 1680, the bill of rights of englands prefigures, anticipates our bill of rights, and laid the two document side by side, you can see provisions of the english bill of rights, word for word over the american bill of rights of our own constitution. That is basically what was going on in england in the seventeenth century and let me at that point take the story over to the american side. As i mentioned, all the constitutional prefiguring was going on in england in the seventeenth century, the american colonies were getting their start. A charge of virginia, the first of the permanent colonies, 1607 operated under the Virginia Company charter of 1606, most of that charter is about commercial matters which everyone thought gold and silver, in virginia and lately. Gold and silver, aside from congressional provisions, in the va charter, guarantees those who emigrated to virginia, the privileges, a franchises cit these colonies would enjoy it, the idea was if you pull the stakes and moved here you didnt leave your right behind, you brought them with you. One might fairly debate the content of those rights but clearly understood the guarantees of the magna carta. So i could tell you stories about ways in which colonists during the seventeenth century in places like massachusetts, pennsylvania and elsewhere in system on the rights of magna carta, in struggles with their own governors, their own courts and colonial institutions so magna carta and the english, wealth were fairly in fused into america. Not surprising. They were english colonies of magna carta was becoming part of the common language of american law and constitution was in the seventeenth century the foundation was laid. Let me even suggest how you get from early period of the revolution, starting in the 1760s with the pot boiling, the most famous case argued in boston, 1761, the assistance case, he was representing boston merchants who were objecting to systems that were by general search warrants, not limited, they wouldnt satisfy the Fourth Amendment requirements, basically allowed officials to go in and search for a place of business or anything they wanted to do, this is not constitutional. There was no written constitution. This was still the colonies but he was making a case they would recognize as being a constitutional case, remember it polk is in the se