From Magna Carta to the Constitution
The Evolution of Accountability in Government
The idea that government must be accountable to the people didn't start with the American Constitution. It has deep historical roots stretching back to medieval England, where the concept of limited government first took written form. Understanding this evolution helps us see why accountability is so fundamental to a constitutional republic, and why its absence today represents such a profound threat to our unalienable rights.
This module traces how the principle of governmental accountability evolved from Magna Carta (1215) through English common law to the American Constitution. Along the way, we'll see how this principle was nearly lost—and why reclaiming it is essential to constitutional restoration.
The Context
In 1215, King John of England had become deeply unpopular. He had lost wars, raised excessive taxes, and acted arbitrarily against both nobles and common people. The barons—the feudal lords who held power under the King—decided they'd had enough. They forced King John to meet them at Runnymede and agree to a written charter that would limit his power.
This charter was Magna Carta—Latin for "the Great Charter." It wasn't a document about democracy or individual rights as we understand them today. It was a feudal contract between the King and the barons. But it contained a revolutionary idea: even the King was subject to law.
The Key Innovation: Article 61
The most important part of Magna Carta was Article 61, the "security clause." This clause recognized a fundamental problem: what happens if the King simply ignores the charter? How do you enforce a contract against someone with all the power?
Article 61's answer was ingenious: it created an enforcement mechanism. If the King violated the charter, a council of 25 barons (elected by the other barons) could demand redress. If the King refused to provide it within 40 days, those 25 barons could take action "with the support of the whole community of the land"—they could seize the King's castles and lands until he complied.
This was revolutionary because it said: if the government violates its own rules, the people (represented by the barons and "the whole community") have the right to enforce compliance. Government is not above the law; it is bound by it.
Why Article 61 Was Removed
Article 61 lasted only one year. When Magna Carta was reissued in 1216 (after King John's death), the enforcement clause was removed. Why? Because the barons who had forced the charter on King John now realized that an enforcement mechanism could be used against them too. They preferred to keep the charter's protections but remove the mechanism that would enforce them.
This is an important lesson: those with power often want the appearance of accountability without the reality of enforcement. This pattern repeats throughout history, and we see it today in the gap between constitutional promises and their enforcement.
Key Principle
Magna Carta established that government is subject to law, not above it. But it also showed that without an enforcement mechanism, constitutional promises can become empty words.
| Period | Document/Principle | Key Innovation | Enforcement Mechanism |
|---|---|---|---|
| 1215 | Magna Carta | Government is subject to law | 25 barons + community action |
| 1215-1689 | English Common Law | Rule of law principle | Parliamentary power |
| 1689 | English Bill of Rights | Individual rights protection | Parliament + courts |
| 1787 | US Constitution | Separation of powers | Checks and balances |
| 1791 | US Bill of Rights | Individual rights codified | Courts + impeachment |
| Today | De Facto Corporate Government | Accountability mechanisms captured | Requires constitutional restoration |
Learn More About Accountability
This module introduced the historical evolution of accountability from Magna Carta to the Constitution. For a deeper dive into how accountability mechanisms work today and why they've failed, explore our Advanced module on accountability and enforcement.
References & Further Reading
- Magna Carta (1215): Full text available at the British Library website
- David Allen Green: "The TRUTH about Article 61 of Magna Carta" - Legal analysis debunking pseudolaw claims
- US Constitution: Articles I-III establish separation of powers and checks and balances
- Bill of Rights (1791): First 10 amendments protecting individual rights
- Rule of Law Principle: Foundation of constitutional government and individual rights protection