Tom Burrell

Liberty and Common Consent

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    Magna Carta and Due Process of Law

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

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    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

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    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

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    June 2017
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    • “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”