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Real0ne -> RE: Kim Davis' lawyers file new appeal over same-sex marriage license order (11/17/2015 7:06:38 AM)
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Oh hayl yes I can do this all day!
yet more nails in your incompetent coffin:
In fact, granting a private party lawmaking authority that the Constitution vests only in individuals who hold the offices created or contemplated by Articles I, II, and III is the exact opposite of what the Framers had in mind.....[pretty much outlaws the american bureaucracy we take for granted lol] The delegation of federal lawmaking power to private parties would be a clear violation of the “rule of law” that Magna Carta required the Crown to satisfy and that limits the authority of federal officials by virtue of the Due Process Clause. Were Congress to grant federal lawmaking authority to a private party unencumbered by any legal or political constraints, the “Law” through which Congress sought to achieve its goals would be no less invalid than an effort undertaken by King John 800 years ago to empower a family member or friend to exercise royal authority. Accordingly, Magna Carta may yet play an important further role in the development of American constitutional law.
Conclusion
It has been said that “[t]he very success of Magna Carta makes it hard for us, 800 years on, to see how utterly revolutionary it must have appeared at the time…. What Magna Carta initiated, rather, was constitutional government—or, as the terse inscription on the American Bar Association’s stone puts it, ‘freedom under law.’”[61] No longer was the law “just an expression of the will of the biggest guy in the tribe.”[62] [now its the biggest monied corporations instead]
The doctrine that we now call “the rule of law”—that is, the principle that “[a]bove the king brooded something more powerful,” an axiom that “you couldn’t see or hear or touch or taste but that bound the sovereign as surely as it bound the poorest wretch in the kingdom”—owes its distinguished place in Anglo–American constitutional law to Magna Carta.[63]
Americans should celebrate that document no less than we celebrate our Declaration of Independence or our Constitution. Why? Because we might not have had either one of them were it not for Magna Carta.
—Paul J. Larkin, Jr., is Senior Legal Research Fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
Selected Bibliography
Bernard Bailyn, The Ideological Origins of the American Revolution (1992)
Robert Bartlett, England Under the Norman and Angevin Kings, 1075–1225 (2000)
William Blackstone, The Great Charter and Charter of the Forest (1759)
Christopher Brooke, From Alfred to Henry III, 871–1272 (1961)
David Carpenter, Magna Carta (2015)
Danny Danziger & John Gillingham, 1215: The Year of Magna Carta (2003)
Ralph C. Davis, The Normans and Their Myth (1976)
Gottfried Dietze, Magna Carta and Property (1965)
Arthur L. Goodhart, “Law of the Land” (1966)
Jack P. Greene, The Constitutional Origins of the American Revolution (2011)
Thomas C. Grey, Origins of the Unwritten Constitution: Fundamental Law in American Revolutionary Thought, 30 Stan. L. Rev.858 (1978)
R. H. Hemholz, Magna Carta and the Ius Commune, 66 U. Chi. L. Rev. 297 (1999)
Henry of Huntington, The History of the English People, 1000–1154 (Diana Greenway trans. 2002) (1154)
Magna Carta: Muse and Mentor (Randy J. Holland ed., 2014)
J. C. Holt, Magna Carta (2d ed. 1992)
J. C. Holt, The Making of Magna Carta (1965)
A. E. Dick Howard, Magna Carta: Text and Commentary (1998)
A. E. Dick Howard, The Road from Runnymede: Magna Carta and Constitutionalism in America (1968)
1 David Hume, The History of England from the Invasion of Julius Caesar to the Revolution in 1688 (1983) (1778)
Edward Jenks, A Short History of English Law (1912)
Edward Jenks, The Myth of Magna Carta, 4 Indep. Rev. 260 (1904)
Magna Carta Commemorative Essays (Henry Elliott Malden ed., 1917)
Magna Carta and the Rule of Law (Daniel Barstow Magraw et al. eds., 2014)
Frederick W. Maitland & Francis C. Montague, A Sketch of English Legal History (1915)
Charles McIlwain, Constitutionalism: Ancient and Modern (rev. ed. 1947)
Charles Howard McIlwain, The American Revolution: A Constitutional Interpretation (1923)
C. H. McIlwain, Due Process of Law in Magna Carta, 14 Colum. L. Rev. 27 (1914)
William Sharpe McKechnie, Magna Carta: A Commentary on the Great Charter of King John with an Historical Introduction (2d ed. 1914)
Andrew Cunningham McLaughlin, The Foundations of American Constitutionalism (1932)
Daniel John Meador: Habeas Corpus and Magna Carta: Dualism of Power and Liberty (1966)
Samuel Eliot Morison, The Oxford History of the American People (1965)
Sources of Our Liberties (R. Perry & J. Cooper eds., 1959)
Theodore F. T. Plucknett, A Concise History of the Common Law (5th ed. 1956)
Frederick Pollock, The Expansion of the Common Law (1904)
1 Frederick Pollock & Frederick W. Maitland, The History of English Law Before the Time of Edward I (2d ed. 1909)
Max Radin, The Myth of Magna Carta, 60 Harv. L. Rev. 1060 (1947)
John Phillip Reid, The Ancient Constitution and the Origins of Anglo–American Liberty (2005)
John Phillip Reid, The Rule of Law: The Jurisprudence of Liberty in the Seventeenth and Eighteenth Centuries (2004)
John Phillip Reid, The Concept of Liberty in the Age of the American Revolution (1988)
4 John Phillip Reid, Constitutional History of the American Revolution: The Authority of Law (1987)
The Roots of Liberty: Magna Carta, Ancient Constitution, and the Anglo–American Tradition of Rule of Law (Ellis Sandoz ed., 1993)
Doris M. Stenton, After Runnymede: Magna Carta in the Middle Ages (1965)
Ralph V. Turner, Magna Carta (2003)
Roger Twysden, Certaine Considerations upon the Government of England (John Mitchell Kemble ed., 1829) (1655)
James K. Wheaton, The History of the Magna Carta (2011)
Gordon S. Wood, The Creation of the American Republic, 1776–1787 (1998)
not that any of this matters to your trolling bullshit, same as felch boy, but if you have a need for more black eyes by all means keep posting your waste.
[image]http://i123.photobucket.com/albums/o296/nine_one_one/stuff/smiley4026.gif[/image]
anyway for those who are interested outside of wasteland and imbecile, the magna charta is one of the founding documents with much of it adopted by several of the states in the creating of our government, more specifically [the long forgotten] 'due process'/'law of the land'
quote:
Turns out that Real0 is felching asswipe from some other planet, out of context, as is his usual case. Clearly his drivel is non-sequitur drivel as is the common case.
thanks for the laugh though!
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