The Contemporary Presidency: Magna Carta and the Contemporary Presidency

Abstract

Despite arguments by some scholars that Magna Carta has been inaccurately mythologized, this article argues that it continues to be relevant to contemporary governance. After an overview of the historical circumstances of the Great Charter, and a discussion of its major clauses, this article examines expansions of individual rights and limits on government in Anglo‐American jurisprudence that trace their origins to Magna Carta. It argues that the timeless principles embedded in Magna Carta continue to be relevant to contemporary governments, particularly the U.S. presidency. It concludes that Magna Carta continues to be important as a classic statement of rule of law, limited government, and individual rights and a potent symbol and argument for restraining government in general and executives in particular.