Tom Burrell

Liberty and Common Consent

Recent Comments

    Magna Carta and Due Process of Law

    Magna Carta and Due Process of Law: The Road to American Judicial Activism

    Buy paperback and kindle e-book!

    Recent Works

    Privileges and Immunities and the Journey from the Articles of Confederation to the United States Constitution: Courts on National Citizenship, Substance, and Antidiscrimination, 35 Whittier L. Rev. ---- (2014), available at http://ssrn.com/abstract=2374985

    Facebook Posts

    The electoral college may soon resemble the Supreme Court--exercising runaway reasonableness review based on arbitrary and subjective opinion, to the detriment of the people. ... See MoreSee Less

    View on Facebook
    June 2017
    M T W T F S S
    « Dec    
     1234
    567891011
    12131415161718
    19202122232425
    2627282930  
    • “For the truly great thing about the Magna Carta has been its ability to mean all things to all men—to project itself into the dreams and necessities of ages which the men of 1215 could not even dimly foresee.”  Bernard Schwartz.

      The same thing can be said of the Due Process Clause and the Equal Protection Clause.  To a lesser degree, the quote fits the advocacy via the Privileges and/or Immunities Clauses.  In fact, the same thing can be said about the Judiciary’s living, breathing Constitution and the incorporated Bill of Rights!

      Comments Off on The Myth of the Magna Carta, “all things to all men”