Substantive day. Im so excited to introduce bill of rights by introducing you to a mac sent new interactive tool for constitution of center launched on Constitution Day and is now thrilled to distribute to every student in america from 1880s. I want all of you in our great cspan viewers to follow along with me as i show you this remarkable nonpartisan tool and tell you what it can do and also the perfect introduction to her first panel about the relationship between the magna carta. It is an exciting project between three great organizations. The federalist society, the American Constitution Society and the College Board that has made this a centerpiece in ap history government exams. What theyve 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 and what they disagree about. You can be confident when you read the statement about what the scholars agree about, this is a bulletproof bipartisan statement in which scholars of the divergent actives agree. A Unanimous Supreme Court opinion. The separate statements are like separate concurrent dates. Here we have not only the first bill of rights, but all 15 amendment building up the rest of it the next two years. Lets begin with the fifth amendment, which includes what is called the due process clause which says no person should be deprived of life, liberty or property. What is the core of meaning for historic sources of that clause . You can click on the common statement and see Roger Fairfax and john harrison, two of the leading scholars of the due process clause telling you, and im ready now, the principles of government should be limited in how it makes it deficient is very old and angloamerican law. The magna carta, and it became well known over the centuries chapter 39 provide no freeman shall be arrested except for lawful judgment of peers with a lot of land. This language gave rights to due process. Read the rest of the statement in your hear about the development of the due process clause. And you can read professor fairfax and harrison with their disagreement about how the fifth amendment should apply today. That is not all. With this great tool you can not only explore the actual revolutionary era constitution as well as English Common law that gave rise to the due process clause. You can click on writing right now we want to begin with the fifth amendment because that is the one were talking about. And you will see the authoritative sources that james mattis and provide done when he wrote the bill of rights. He cut and paste from revolutionary state cant tuition and from English Common law sources including the magna carta. Here we can click on the magna carta and see article xxxix to be seas of his free customs or outlawed or eggs ill were any other wise destroyed. Nor condemn them by lawful judgment and the law of the land. They trace back through madisons first proposal, which doesnt look exactly like the fit amendment. Here it is. The due process clause should not be a witness of himself, nor deprived of life, liberty and we can compare madisons first proposal, which does contain the language. And you can watch it as it moves through the senate and through congress and ends up in its final form. It is also Language Arts and i hope students from eight to 80 can engage and carefully follow the evolution of this great principle. This one exciting thing this tool can do. We are at it started agreement or disagreement. We move back in time to see its roots in the magna carta and revolutionary state constitution which has a phrase that no one can be tried at the liberty except by the laws of the land. Isnt it interesting 1776 cents language which sounds even more like article xxxix of mac card and the final draft of sentiment else. Not only can you start with the president then go back in time, but now you can trace the spread of these celebrities across the globe and in this astonishing final platform around the world, you can click on the due process guarantee which is right here and you will see the due process clause and then you can see every other country in yellow that has a version of the due process clause. If you click on the United Kingdom, youll find the magna carta article xxxix of health as well as the human rights act of 1998 which says no one shall be deprived of liberty dated in the following cases and gives examples to compare the historic sources at the contemporary duration. And then you can click on other countries that protect you process this file including germany which in the court every person shall be entitled to a hearing in accordance with law. How wonderful it is to see international does yours to the Constitutional Center see this platform which you can access in our beautiful bill of rights gallery which has a right that interest them in the american constitution and compare it with the way their constitution is an exciting new cons draft in mind that google has helped support at the Constitution Center bringing together drafters of constitution as to compare with the way these rights are protected. Its an incredible tool. We hope it will transform and we want to bring it to every student in america. I want you in our secret or check it out. Dig deep into it. Compare the historic contemporary and International Sources about right. Tell us how we can improve it and lets Work Together to transform constitutional education. I enthusiastic and as you can tell when i am on the spot for very fired up. It is now made and honor to introduce magna carta in america. We are so lucky to kick off our bill of rights day. We have been answered to get into the Constitution Center for a long time and there is no more auspicious moment or distinguished scholars and to begin our proceedings today. He is the way Burkett Miller university of Virginia School of law. Burroughs scholar and law clerk on the Supreme Court, one of my favorite justices. One of my sons is named hugo. They were twins on the floor so we picked yuko. Hes a hero because hugo black really believed in forcing the constitution and he believed more than anyone else. Professor howard has federal bodies. Its often consulted by draftsmen anothers date and he has held draft cant additions in brazil, hungary, czechoslovakia, real internationalist baseman. He preached in argued cases before the Supreme Court and it many books and articles include the magna carta and constitutionalist son in america. Ladies and gentlemen, please join me in welcoming professor a. E. Dick howard. [applause] thank you. That was an enthusiastic introduction. I can pick up my classes at the university of virginia with this state of enthusiasm. Just as certainly alerted you to the reason why we are turning the bill of rights magna carta and otherwise the idiosyncratic choice of british and english document 800 years ago and what they got to do with the bill of rights. The road to the bill of rights really begins in many ways with magna carta. As many of you know, this is the 800th year since the magna carta was first agreed to and indeed the 15th of this year, the exact anniversary date. I come back with a sense of what the english were celebrating it. It makes great sense they would be making a lot of anniversary. The question i want to put to you is why should we care . Why should we care about the reluctant john and the aggressive view at 1215. Well, the story takes us back and begins with king john himself. I didnt really meet king john. [laughter] my students think is the philadelphia convention. But i was first introduced the idea of king john when i was a kid and my parents would read to me and one of the books, the winnie the pooh im sure many of you are winnie the pooh fans. He also wrote a wonderful book called now we are six. If you dont know that book for your children and grandchildren, it is a wonderful read it one of the poems in there is king johns chris ms. That point begins Something Like king john was not a good man. Sometimes no one spoke to him for days and days and days. Well, when you are a little kid, be shunned like that nobody was good to you, this is pretty bad. Well, i grew up, i said nobody can be as bad. I grew up and started reading about john. Maybe worse. He certainly was morally corrupt. Its no accident that no king of england has ever been named john since king john and there never will be one. He was not only morally bankrupt, but also the most inept king perhaps in history. He was a terrible military leader. He lost most of the landholdings and over the appointment of the archbishop of canterbury he finally had to give in to the popes wishes. The townspeople were interested in the town of london. But above all, he made enemies themselves. These are the makers and shakers of their time. He was always leaning on them to finance his military adventures and the like. He would talk money from them in ways that were not established english price is. Finally, they all ganged up on him and the rest of was june the 15th for the bearing presented their demand and john roller delay acquiesce. I am not going to walk you through the provisions of the magna carta and most of us about things that need not concern us, but the centerpiece of magna carta is the one that jeff hardy pointed to and that is what was called chapter 39. That is the one that provides that no one shall be preceded again except by the law of the land. The law of the land came with a century or so after the magna carta to the interchangeable with what we today call due process in the law. So when you read this it and 14th amendments, the process clauses you will see a cant do it which is right back to magna carta. That is where it all started. Magna carta, got to annul magna carta. And if that his father was, we wouldnt be talking about time the card. The king john died the next year. One of the chronicles with peaches into cider. You are going to play that way. His successor, henry the third is 90 years old. This is the middle ages. What he said to be to his majority, maybe so, maybe not. A faulty game of thrones come you know of thrones coming out that period of history was like. This region, William Marshall hit upon what i think we would call it Public Relations gesture. Lets get this young print to reissued magna carta. He did not and that set in motion a tradition that excessive english monarchs would begin their reign by reissuing magna carta is a sort of statement of good faith. So that is where it begins. One of the issues a century or two after the magna carta, a statute was passed, basically an instruction that said if magna carta that he would prefer magna carta. Magna carta was thought to be better than their superior. That begins to set in trade promotion that today we would call constitutional supremacy. They were already beginning to emerge as early as the middle ages in england. Im going to pass over i guess the reign of henry viii has never been thought of as a great Constitutional Government, certainly they wouldnt have felt that. Let me jump over to the 17th century. This is a century in which of course the First Permanent englishspeaking comments were planted in this continent. Its also in england the turbulent period of civil war of conflict of every kind. I think it mustve been a dreadful time to live in england because i take it the civil war the civil war in and then the status civil war in this country. The century began in constitutional terms when Queen Elizabeth died and the crowd went to james the sixth and became james the first. So the house of stuart came. James brought with him a cant that of the divide right of kings. You can mention that was not accepted as a traditional english precept. It was on a collision course. One of the leaders of the parliamentary opposition and his pretensions was sir edward cooke pronounced coke spelled coke, but pronounced coke. Sir edward coke was the leader of the opposition. During debates in parliament, the kings prerogative that magna carta is such a fellow, in other words, even the king was limited with the precepts of magna carta. It was a determinate century and the execution of charles the first, which brought into being the commonwealth. You and i live in commonwealth virginia. That name has its early origins in the 17th century. Well, after the regime, they came back and asked in dixie. Struggles continued. There is still debate and finally historians use to call the glorious resolutions which brought william and mary to the throne and put an end to the charles says and will you marry is a part of the constitutional settlement agreed to the great english bill of rights. 1689 and the bill of rights in england, which in so many ways prefigures anticipate for our bill of rights if you later to document sidebyside u. S. The provisions of the english bill of rights. Word for word a bird cant do to shame. That is what was going on in the 17th century. Let me at that point take the story over to the american side because as ive mentioned with all this constitutional refiguring was going on in england in the 17th century, the american colonies were getting their start. Each one had a charter. Virginia, for example, 16 of seven operated under the Virginia Company charter 16 s. Six. Most of the charter about commercial matters and everybody thought they would get rich discovering old and older. If university of virginia lately, you are not likely to see a great deal of gold and silver. But aside from all the commercial provisions, the most interesting mind in the virginia charter guarantees to those who emigrated to virginia the privileges, franchises and immunities that these colonists would have enjoyed. So the idea was to much of this wilderness called virginia. You didnt leave your price behind. Now one might fairly debate the content of those right are clearly did to conclude that guarantees that the magna carta. I can tie your stories which time ill permit this morning, but a number of stories of ways in which columnist during the 17th century and places like massachusetts, here in pennsylvania and elsewhere insisted on the rights of magna carta and struggles with their own governors and their own court and colonial institutions. So magna carta and the English Common law would be thoroughly infused into american law. Not surprisingly. So magna carta has become a part of the common language of american law and constitutionalism. In the 17th century, let me then suggest how we get on the early period to the revolutionary. Starting in about 1960s, the pot was boiling and a famous case was argued in 1761. Arguing the famous ritz of assistant case and he was representing austin merchants who are objecting to certify general search warrants that were not limit it. They wouldnt satisfy todays Fourth Amendment requirements. They basically allowed officials to go in and search the house for anything they are willing to do. They said this is not constitutional. At this point, there was no written constitution. But he was making a case that today would recognize the constitutional case and decided sir edward cooke back in the early 17th century. Cook had decided the case in 1610 and admit the language set an act of parliament between right and reason. That doctrine never really took hold. By proclaiming to be part of the fabric of british constitutionalism in opposing assistant. In london, the cabinet couldnt make sense of argument. By this point you have commentaries. And in it, black sense of parliament calls the shots and he didnt recognize traditional or constitutional limitations of what parliament could do. Parliament might pass crazy laws and moral laws, unjust laws, but they were laws. They were saying their constitutional to what parliament can do. You have on the two sides of the atlantic to quite opposing points of view. Its no wonder that the revolution finally came about because the english and americans were really talking past each other. Now, the stamp act was passed in 1760s. The firsttime parliament had sought to impose an internal tax and no have the american colonists reacted to that no taxation without consent. They also complained the trust of these cases would be Admiralty Court and the right to trial by jury was one that americans chased back. The sons of liberty through the tea into the boston harbor. The british coast ports abbas then. They quarter troops and they have a colonial assembly. These actions which the colonists called the coercive or intolerable acts sparked cooperation on all the colonies. The other colonies came to the sport of massachusetts in the Continental Congress. And that process, by way of resolution. How was it that we americans have these right there where proclaiming against the british. There is manchester debate that went on. We have to point to the charter language but one i just quoted. Others said we had to put a nonmagna carta and others said its natural right. Is the will of god. These are different ways of thinking about right. But america doesnt apply to People Choose one or another. The system altogether in one basket. They base these claims of right and all these different sources. The lawyers to study law and american constitutional law to be messy. Weve done it that way for a long time. We are not like the french were very analytical and organize. So that was the cotton on the congress and its resolution. With the beginning of the revolutionary war in williamsburg, virginia may 1776, the convention that was making the lower house of the legislature dissolved by the governor, said they simply went across the street, and his folks were the ones who in may 15, 1776 and struck it the Continental Congress in philadelphia to introduce a resolution. So the resolution that finally became a factor in july of that year began in williamsburg in may of 76 and on the same day that they passed the resolution, the virginian set to work on a constitution for virginia. Actually, t