Just in time for Independence Day, by a six to three vote, the Extreme Court of the United States repealed the Magna Carta and revoked the fundamental principles of the Declaration of Independence.
The Magna Carta was written in the 13th century by high-ranking English nobility to protect their rights and property from the abusive power of the King. The nobles continued to force a series of English kings to sign the document acknowledging that no one was above the law. While the Magna Carta originally only protected the English nobility, it established an important legal precedent that eventually extended rights and protection to all Englishmen.
There are two types of legal systems. The French system is called civil law. In a civil law system, each case is decided on its own merits based on the judge’s reading of the law, but without reference to earlier judicial decisions. Precedents are not that important. In this system each of Donald Trump’s actions would be evaluated based on the law and the evidence and he would likely be convicted, whether he acted while President or not.
The British system is called common law, the Magna Carta is a foundational part of that system. In the common law system practiced in Great Britain and inherited by its former colonies including the United States, judicial interpretations of law are based on previous legal interpretations, a practice known as stare decisis, and why Supreme Court rulings generally refer to a long list of earlier court decisions. This is also why at Congressional hearings nominated judges pledge fealty to legal precedents.
A big problem with the American judicial system is that judges are appointed for life and whatever they promise at Congressional hearings, once appointed to the Supreme Court they can do what they want, which is why the Supreme Court has morphed into a rightwing Extreme Court because of Republican appointees. This Court decides what it wants to do based on its rightwing ideology and then picks and chooses from past cases to support its biases. Now, in Trump v. United States, the Extreme Court has established a new precedent that must be followed in future cases and by lower courts.
This new precedent effectively repeals the Magna Carta and revokes the fundamental principles of the Declaration of Independence. According to the Magna Carta, “No freeman shall be taken, imprisoned, disseised [disposed], outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land” and the King agreed that “To no one will We deny or delay, right or justice.” In the United States we call this due process and it is enshrined in the Bill of Right. It means everyone has the same rights and everyone must obey the same laws, NO EXCEPTIONS.
On July 4, 1776, American representatives at the Continental Congress in Philadelphia signed a Declaration of Independence where they listed all the ways that the King of England had violated the Magna Carta and the Rights of Englishmen. This list was used to justify their decision that the British colonies be recognized as an independent nation where “all men are created equal” and are “endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The Declaration established the principle that “all men,” including Kings, President, or any other leaders, had the same rights and had to follow the same laws and legal restraints, again, NO EXCEPTIONS.
NO EXCEPTIONS, at least until now. In Trump v. United States, the Extreme Court ruled that the President of the United States had immunity from prosecution for actions taken while President, if he or she believed it was part of their job. This makes it possible for Donald Trump to claim inciting a riot and the storming of the Capitol on January 6, 2021 in an effort to overturn the 2020 election was part of his job as President because he believed he was protecting the electoral process. By this logic, Trump or another President would effectively be immune from prosecution for any illegal actions. How can you prove they didn’t think it was part of their job?
