Is there ANY case law on this? Anything at all in the legal system?
I should clarify, I need to prove the LEGAL RELATION between the two.
Constitutional Law Attorney
This question goes beyond merely legal considerations to political ones.
Properly understood, the Constitution is a framework for a government. Thus, the first three articles address the three branches of government, their powers, prerogatives, limitations, and interrelationships of them. These branches and the powers they possessed derived from the pre-existing states.
As part of the grand bargain to obtain ratification of that Constitution, and to soothe the concerns of those who feared that we would stand up a too powerful central government, a promise was made to amend the Constitution immediately upon its ratification by the addition of a Bill of Rights. The Constitutional Convention took place in 1787, the Constitution was ratified in 1789, the Bill of Rights was propounded by the Congress to the States in 1789, and was ratified (except the first two amendments therein) in 1791. Those amendments identify and secure from interference a selection of essentials rights of individuals, and of the States.
If a relation is to be found between Magna Carta and the Constitution, I think you are going to find them between the rights secured by the Bill of Rights and the rights secured by Magna Carta.
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Criminal Defense Attorney
This is not a proper forum for your question. The responders to question posted here are trying to help people who have an actual legal problem, not tutor students. You might try searching for the relevant terms of the MC in the Constitution and case law from the several state courts and the federal bench. You will need to borrow Watson from IBM.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Criminal Defense Attorney
Mr. Hudson is right, but the question is very interesting and profound. Ill tell you this: it's all about due process and restraining the government (or King) from arbitrary or capricious official acts. Good luck,
A lot of our right stem from ideas first enshrined in the Magna Carta. Your best bet is to trace back some of the protections found in our Constitution back to the Magna Carta. You'll see some interesting overlaps.
Good luck with your paper.
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