March 30, 2025 • 28 mins
In this episode of Revival Radio TV, Dr. Gene Bailey explores how the Magna Carta influenced both the laws that govern the United Kingdom and the creation of the United States Constitution. The Magna Carta was issued in June 1215 and was the first document to put into writing the principle that the king and his government were not above the law. Learn how different philosophies around these documents have influenced the views of people and how they interpret the modern U.S. Constitution.
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(00:00):
♪
(00:26):
In England on the banks of theThames River is a meadow called
Runnymede.
In old English, itmeans meeting meadow.
And in that meadowis an ancient tree.
It's over 2500 years oldand it's still alive.
Its name, the Ankerwycke Yew.
(00:47):
It was just a sapling whenNehemiah and Ezra
were rebuilding thetemple in Jerusalem.
Think of that.
It was there when the Romansbuilt the old Roman road nearby.
The first king of England,Alfred the Great held witness
or war councils there.
And it witnessed KingJohn signed this document
under its branches,the Magna Carta.
(01:12):
It was a pivotaltime in history,
and it was the birthplaceof the Constitution.
Runnymede Association withthe ideals of democracy,
limitation of power, equalityand freedom under law
as attractive placement there
of monuments andcommemorative symbols.
(01:36):
The Magna Carta and its rolein the beginning of political
freedom for individuals isalso called the Great Charter.
Now, it's a documentthat was signed in 1215
by King John of England.
Now, it was in response to thedemands of the English nobility,
(01:58):
the Lords, who were veryunhappy with the way
the king was ruling.
The Magna Carta, itestablished a number of things
and protectionsfor the nobility,
including the right toa fair trial and the protection
from unlawful imprisonment.
But perhaps, I mean, I thinkthat the most important aspect
(02:19):
of the Magna Carta was itsacknowledgment of the limits
of the king's power.
Unheard of, almost it's statedthat the king was subject
to the same law.
I mean, just likeany other person,
and that he could not actof his own or unfairly.
Now, this was very significantand a shift in the way that
(02:40):
rulers were viewed because itmarked the beginning of the idea
that political power should berestricted by the rule of law,
an amazing thing.
At the Magna Carta,
it established the principle ofdue process that guaranteed that
individuals have the rightto a fair and impartial
(03:02):
legal process.
It's the cornerstone ofthe modern democratic societies.
It has been... it's been soinfluential in the development
of laws and legalsystems around the world.
♪
[Narrator] The Magna Carta,or Great Charter,
is one of the most importantdocuments in the history
(03:24):
of constitutional government.
♪
Signed in 1215 byKing John of England,
it established a set ofrights and limitations
on the power of the monarch,
which were crucial inshaping the development
of modern democracyand protecting
the individualliberties of citizens.
(03:44):
But the significanceof the Magna Carta
goes beyond itshistorical context.
Its principles have continuedto influence the development
of constitutional governmentaround the world,
providing a foundation for theprotection of private property,
individual rights andlimitations on government power.
♪
(04:05):
England has a unique historythat has always had a vein
of freedom and individualismrunning through it.
This can be traced back tothe biblical foundations
of Christianity, which emphasizethe inherent worth and dignity
of every individual andthe idea that all people
are equal before God.
(04:25):
These principles help to lay thegroundwork for the Magna Carta,
which established theidea that all people,
including the monarch,are subject to the law.
♪
[Doug Bonner] So what's greatabout this 800-year-old document?
Well, it was like a crack inthe dam that opened the way
for really a God-givenindividual rights to trump,
(04:50):
you know, the king's right.
I mean, the right of kings.
So the king was it, hesaid what the law was,
but all of a suddenit changes now.
And there's a law thatapplies to the kings
and everybody else.
So the great thingabout this document,
it was the beginning ofsomething that grew and grew
and grew to the AmericanConstitution.
(05:13):
I mean, the Constitution thatbrought individuals into
government, that brought theindividuality of the person
was preeminent over thestate or over the king.
That was so important.
Even right now, even today,we recognize that this began
(05:35):
at that 800-year-old,1215 document
that started the ballrolling that we have today.
♪
The Magna Carta was theculmination of these efforts
to limit the powerof the monarch.
It was signed by King Johnin response to pressure
from a group of nobles who weredissatisfied with his rule.
(05:56):
The document established a setof rights and limitations
on the power of the monarch,
including the rightto a fair trial,
the right to due process oflaw and the protection
of private property.
One of the most significantaspects of the Magna Carta
was its recognition of theidea of Habeas Corpus,
(06:18):
which requires the government toprovide a legal justification
for detaining a person.
This principle has been crucialin protecting individual
liberties as it prevents thegovernment from detaining people
without cause or trial.
The Magna Carta alsoestablished the principle
of the rule of law,
(06:38):
which holds that everyone,including the monarch,
is subject to the law.
This was a radical idea atthe time as it challenged
the divine right of kings
to rule without theconsent of the governed
and the notion that themonarch was above the law
and could do as they pleased.
♪
The principles of the MagnaCarta were not immediately
(07:00):
enforced, and it would take manyyears of struggle and conflict
before they were fully realized.
However, the document provided afoundation for the development
of modern constitutionalgovernment,
and its principles havecontinued to influence
the development of democracyaround the world.
♪
(07:21):
[Gene Bailey] RudyardKipling wrote a poem
about the Magna Carta
that sums up the vision ofthe stubborn English
determined todefend their right.
"The first attackon Right Divine...
That settled John at Runnymede.
Your rights werewon at Runnymede.
No freeman shall be finedor bound or dispossessed
(07:43):
of freehold ground, exceptby lawful judgment found
and passed upon himby his peers.
Forget not, afterall these years,
the Charter signed atRunnymede."
The Magna Carta is widelyaccepted as the first
constitutional documentthat formed the basis
(08:05):
of modern democracy.
So what does this allmean for us today?
Watch this.
♪
[Doug Bonner] This ended theidea of divine right of kings
to rule over men.
It made the king subjectto the rule of law.
(08:28):
Now, this is one of the reasonswhy England was the cradle
of the idea is that eventuallygave birth to the English
Constitution andthe Bill of Rights,
and that gave birth to America.
But it all beganwith the Magna Carta.
[Narrator] One of the key waysin which the Magna Carta
(08:49):
has influenced modernconstitutional government
is through its recognition
of the biblical principleof private property.
The document established theprinciple that the monarch
could not seize the property ofhis subjects without just cause,
and that property rightswere protected by law.
♪
This principle has been crucialin protecting individual
(09:11):
liberties as it prevents thegovernment from arbitrarily
taking away people's property orusing it for its own purposes.
It has also been a key factor inthe development of free market
capitalism as it provides afoundation for the protection
of property rights and theability of individuals to own
and control their owneconomic resources.
(09:36):
In addition to protectingprivate property,
the Magna Carta also establishedlimitations on the power
of the monarch andprovided a foundation
for future constitutions.
♪
England was a unique placebecause it always had a vein
of freedom and individualismthat ran through its history.
(09:56):
And when you consider thebiblical foundations
of Christianity, ofindividualism and liberty
that made England a naturalbirthplace for a constitution
because of the Englishheritage of Christianity.
♪
[Gene Bailey] The Magna Cartawas ratified over 40 times
by successive kings.
It eventually evolved inthe English Bill of Rights,
(10:17):
passed in 1689.
The English Constitutionon the other hand,
is not a single document, butrather a collection of laws
like the Blackstone'sCommentaries on the common law.
Blackstone use so much Bibleand English common law
that a young lawyer namedCharles Finney got saved,
get this... by studying the law.
(10:40):
The English Constitution also
included customs in theagreements that form the basis
of the British political system.
Over time, thisunwritten constitution
evolved to includeparliamentary democracy,
the rule of law and protectionof individual rights
and freedoms.
Let me introduce you tothis man, Walter Bagehot.
(11:03):
♪
He literally wrote the bookon the English Constitution.
Watch this.
[Doug Bonner] Walter Bagehot.
Now, this guy was called themost important Victorian.
He was both Englishbanker, essayist.
(11:24):
He was the editor of TheEconomist newspaper.
Now, Bagehot, he was forminghis views at the time
of the US Constitution duringthe American Civil War,
when Abraham Lincoln wasoverstepping his executive power
at the American Constitutionin order to execute
and fight that war.
(11:46):
So this affectedBagehot's views
on the very AmericanConstitution.
Now, Bagehot, he was writingwhen England was the only stable
Western democracy, theonly one at that time.
Now he has good pointsif you filter
through the lens ofhistory he was living in.
(12:06):
♪
[Narrator] Thecharacteristic danger
of great nations like theRomans or the English,
which have a long historyof continuous creation,
is that they may at last failfrom not comprehending
the great institutionswhich they have created.
(12:35):
Walter Bagehot was aprominent British journalist,
economist and political analyst.
He is best known for his bookThe English Constitution,
which was published in 1867 andis considered a major work
on the British political system.
Bagehot was known for hisinsightful commentary
on political andeconomic issues,
(12:57):
and his work was widelyread and respected.
In 1867, Bagehot publishedhis most famous work,
The English Constitution.
The book was a critical analysisof the British political system,
and it has been hailed as aclassic of political science
ever since.
In it, Bagehot argued thatthe British Constitution
(13:20):
was a unique and effectivesystem that had evolved
over centuries of politicaland social change.
Bagehot's analysis of theBritish Constitution
was groundbreaking in its time,
and it has continued toinfluence political science
and constitutionallaw to this day.
His insights into thenature of political power,
(13:41):
the role of institutions andthe importance of tradition
and precedent remainrelevant and insightful.
♪
"The EnglishConstitution, in a word,
is framed on the principle ofchoosing a single sovereign
authority and making it good (13:55):
to the American upon the principle
of having many sovereignauthorities and hoping that
their multitude may atonefor their inferiority."
[Doug Bonner] But nowBagehot, he believed
(14:15):
that the EnglishConstitution was superior
to the American Constitution
because it was moreflexible and adaptable.
Now he argued this.
He said that the ceremonialtrappings of the English
Constitution, such as themonarchy, House of Lords,
served as an important rolein providing stability
(14:36):
and continuity, while theclear separation of powers
in the American Constitutionmade it more prone to gridlock
and political polarization.
Bagehot also believe that theEnglish Constitution was better
suited to the needs of acomplex, industrialized society.
(15:00):
His book, The EnglishConstitution
influenced so many politicians,including the American
President, Woodrow Wilson.
[Gene Bailey] Walter Bagehotbelieve that the English
and American Constitutions hadtheir own distinct strengths
and distinct weaknesses,
mainly the flexibility ofthe English Constitution
(15:22):
versus the rigidityof the American Constitution.
And this is themost important part.
His book had an immense effecton American politics
by influencing a young collegestudent named Woodrow Wilson
and his view of theConstitution.
♪
[Narrator] Speaking about alimited and divided government.
(15:44):
Woodrow Wilson once said, "Thetrouble with the theory
is that government is not amachine but a living thing.
This is where the living andbreathing constitution
comes from.
It is modified byits environment,
necessitated by itstasks, shaped to its functions
by the sheerpressure of life."
♪
(16:06):
When a young futurepresident was in college,
he was radically influencedby both Walter Bagehot
and Charles Darwin's booksand made it the subject
of a college paper he authored.
Woodrow Wilson's paper and thecomparison of how the founders
thought of Newtonian principlesgovern the US Constitution
and how it should evolve withthe new idea of Darwinian
(16:28):
principles of evolutionis an unusual
ideological piece of writing.
In this paper, Wilsonputs forward the idea
that the AmericanFounding Fathers
believed theU.S. Constitution
was designed to workwithin the framework
of Newtonian principles, whichbelieved the universe
was created by God as aclockwork machine,
with everything operating in apredictable and orderly manner.
(16:51):
It should not be changedor tampered with.
However, he believed thatthe principles of evolution,
as outlined by CharlesDarwin, should now be applied
to the Constitution sothat it could evolve
with the changingneeds of society.
This was a way to goaround the fixed limitations
in the Constitution.
Wilson's argument is based onthe belief that the founders
(17:14):
of the United States viewedthe universe in a way
that Isaac Newtonviewed the world.
This means that they saw theworld as a clockwork machine
with everything operatingin a predictable,
orderly and unchangeable manner.
The universe was seen as a vastmachine governed by mathematical
laws that could beunderstood and predicted.
(17:36):
The founders applied theseprinciples to the U.S.
Constitution, whichthey designed to work
in a similar way.
The Constitution was seen as aset of laws that would govern
the United States in aperpetual and orderly manner,
just like the universe itself.
Wilson, on the other hand,believed that the universe
was governed by theprinciples of evolution,
(17:57):
as outlined by Charles Darwin.
He believed that theConstitution should reflect this
and that it should evolvewith the changing needs
and morals of society.
♪
[Gene Bailey] Bad ideas of aliving constitution resonated
with Wilson, who believed that aconstitution should be able
(18:20):
to adapt to changing needsand realities of society.
Furthermore, Wilson wasalso deeply influenced
by Charles Darwin'sTheory of Evolution,
which he saw as a metaphorfor the way in which
society and governmentshould evolve over time.
He believed that just asspecies evolved to adapt
to their environment,
(18:40):
so too should theConstitution evolve to adapt
to the changingneeds of society.
In particular, Wilson wasa proponent of an evolving
document that could evolve asa bureaucratic state evolved.
He saw the bureaucratic state asa living organism that needed
to adapt and evolve to meet thechanging needs of society.
(19:02):
And it was Walter Bagehot thatmost influenced Wilson's ideas
about the living natureof constitutions,
combined with what heconsidered a modern worldview
of Charles Darwin'stheory of evolution.
Now, this is importantto understand,
because it was in thisprogressive era
that the Darwinian ideaswere applied to the birth
(19:25):
of big government.
Have you ever heard theProgressive nowadays say
the Constitution wasa living document?
Well, that was thebeginning of that idea.
[Narrator] Woodrow Wilson'sbelief in a living constitution sparked
the progressive viewsprevalent in America today.
He stated.
"Living political constitutionsmust be Darwinian in structure
(19:47):
and in practice.
Society is a living organismand must obey the laws of life,
not of mechanics.
It must develop. All thatprogressives ask or desire
is permission in an erawhen Development,
Evolution, is the scientificword to interpret
the Constitution according tothe Darwinian principle.
All they ask is recognitionof the fact that a nation
(20:09):
is a living thingand not a machine."
[Gene Bailey] And here'swhy that's important.
It's antithetical to theway founders believe
government should work.
It's Newtonian, asin Isaac Newton.
The founders set up thegovernment so that the three
branches balanced eachother in checks and balance
like a clockwork machine.
(20:30):
John Locke and Montesquieu holdthat conflict between different
branches of government, betweenthe people and their leaders
who are good and healthy andprotective of liberty.
The analogy is just likeNewton's laws of gravity.
This is how the foundersthought, and we think too.
It has roots inbiblical principles.
Now, Woodrow Wilson didn'tbelieve in this kind of balance
(20:53):
anymore because it conflictedwith the Darwinian type
of ideas.
He thought, "Instead we shouldapply Darwin's evolution
principles to aliving government."
[Narrator] This meant that theConstitution should be seen
as a living document capableof changing and adapting
to new circumstances,
just like the universe itself.
(21:14):
Wilson's argument is ahumanist, ideological one,
and it raises some importantquestions about the role
of government in modern society.
The question of whether theConstitution should be seen
as a living document capable ofevolving with the changing needs
of society is an important one.
There is an argument thatthe Constitution is a sacred
(21:36):
document written by thefounders of the United States
and that it should be treatedwith reverence and respect.
On the other hand, there is anargument that the Constitution
is a living document capable ofevolving with the changing needs
of society and that itshould be updated
and revised as necessary.
(21:56):
Wilson's argument is based onthe belief that the principles
of evolution should beapplied to the Constitution.
This means that the Constitutionshould be seen as a living
document capable of changing andadapting to new circumstances.
This is a radical argument as itrecognizes the fact that society
(22:17):
is constantly changing and thatthe Constitution should be able
to keep up with these changes.
However, there arepitfalls to this argument.
One of the main concerns is thatif the Constitution is seen
as a living document,it could be subject
to political manipulation.
There is a danger thatpoliticians could use
the Constitution to justifytheir own policies,
(22:40):
even if these policies goagainst the principles
of the Constitution itself.
Another concern is that if theConstitution is seen as a living
document, it could underminethe principles of democracy.
If the Constitution canbe changed at any time,
then it becomes less importantas a safeguard against
government tyranny.
(23:01):
There is a danger that theConstitution could become a tool
for government control ratherthan a protection against.
Wilson's argument that theConstitution should be seen
as a living document capable ofevolving with the changing needs
of society is a dangerous onethat has been a part
of the progressive movementsince its inception.
(23:23):
The left view of fixedconstitution as a roadblock
to their progressive agendainstead of a sacred document
to protecting the principles ofdemocracy and individual rights.
[Gene Bailey] The theorythat Wilson believed
is that the government is not amachine but a living thing.
It falls not underNewton's laws of God,
but under the theoryof organic life.
(23:46):
It is accountable toDarwin, not to Newton.
It's a modified by itsenvironment necessitated
by his task, shapedto its functions,
by the sheer pressure of life.
No living thing can have itsorgans offset against each other
as checks and balances and live.
Living political constitutionsmust be Darwinian in structure
(24:08):
and in practice.
Society is a living organism andmust obey the laws of evolution.
Well, we can see that that'sjust simply not right.
He sought to achieve this visionby attacking what Wilson called
the wall of privilege.
Any of this sounding familiar?
"Government", Wilson said, "wasa living organism accountable
(24:31):
to Darwin, not to Newton.
He thought since no living thingcan survive when its organs work
against one another, agovernment must be free to adapt
to its times orelse it will perish.
The adaptation Wilson had in hismind was to neutralize Congress
and consolidate powerin a vigorous executive.
(24:52):
What? Neutralized Congress?Free will for officials
and none for the people?
His Darwinian philosophy wentfor freedom for humans
to freedom for the government.
How did allowing each human tomanage and exercise his own
free will change to the demandthat all individuals submit
to the control in theexperts and government?
(25:16):
It was a plan he had beendeveloping for more than
30 years and Wilson'sessay of 1887,
the Study of Administration.
He completed this plan while hewas the college president
of Princeton, which long agolost its preacher college roots
and became auniversity celebrated
(25:36):
by liberal theologiansand Democrats.
The idea of a livingconstitution takes concrete
political shape in theform of bureaucratic
administrative state.
And as a result, the modernAmerican government,
to a large degree, consistsof thousands of unelected
bureaucrats andnumerous unaccountable
regulatory agencies.
(25:58):
In other words, today wecall this the DC swamp.
The progressive movement alteredthe way American politics work
alongside the branchesof government
that the Constitutionestablishes.
There is now this fourth branchof government that's not
accountable to the people.
♪
(26:29):
By their very nature, theyundermine the founding
principles oflimited government,
representation of thepeople, for the people
and the separation of powers.
Unless the Americanpeople halt the growth
of bureaucratic despotism,
we risk losing ourconstitutional government
entirely.
The Progressives were applyingDarwin's evolutionary principles
(26:52):
to virtually every part ofgovernment and society:
Arts, media, education,church in the family.
Today shows a bit different fromour typical revival history,
but it's church history.
Since the Tower of Babel,
when God divided the nations,kings have ruled over men
and kings have claimedright or wrongly,
(27:13):
a divine right to rule over men,
until the English change thatthe English with their unique
Christian heritage that believedthat rights came from God
and not the king.
Our American FoundingFathers built
on these biblical principlesto hand us the stewardship
of the freedom theChurch enjoys today.
(27:36):
So let's pray, "HeavenlyFather, we commit our nation.
We return once again to thefoundations that our forefathers
established this nationon, the Constitution,
the Declaration of Independence,and the Bill of Rights.
Father, we do return and wecall this nation back to You,
to serve You and to servea God who is known
(27:58):
as Jesus Christ, our Lord.
♪
(00:26):
In England on the banks of theThames River is a meadow called
Runnymede.
In old English, itmeans meeting meadow.
And in that meadowis an ancient tree.
It's over 2500 years oldand it's still alive.
Its name, the Ankerwycke Yew.
(00:47):
It was just a sapling whenNehemiah and Ezra
were rebuilding thetemple in Jerusalem.
Think of that.
It was there when the Romansbuilt the old Roman road nearby.
The first king of England,Alfred the Great held witness
or war councils there.
And it witnessed KingJohn signed this document
under its branches,the Magna Carta.
(01:12):
It was a pivotaltime in history,
and it was the birthplaceof the Constitution.
Runnymede Association withthe ideals of democracy,
limitation of power, equalityand freedom under law
as attractive placement there
of monuments andcommemorative symbols.
(01:36):
The Magna Carta and its rolein the beginning of political
freedom for individuals isalso called the Great Charter.
Now, it's a documentthat was signed in 1215
by King John of England.
Now, it was in response to thedemands of the English nobility,
(01:58):
the Lords, who were veryunhappy with the way
the king was ruling.
The Magna Carta, itestablished a number of things
and protectionsfor the nobility,
including the right toa fair trial and the protection
from unlawful imprisonment.
But perhaps, I mean, I thinkthat the most important aspect
(02:19):
of the Magna Carta was itsacknowledgment of the limits
of the king's power.
Unheard of, almost it's statedthat the king was subject
to the same law.
I mean, just likeany other person,
and that he could not actof his own or unfairly.
Now, this was very significantand a shift in the way that
(02:40):
rulers were viewed because itmarked the beginning of the idea
that political power should berestricted by the rule of law,
an amazing thing.
At the Magna Carta,
it established the principle ofdue process that guaranteed that
individuals have the rightto a fair and impartial
(03:02):
legal process.
It's the cornerstone ofthe modern democratic societies.
It has been... it's been soinfluential in the development
of laws and legalsystems around the world.
♪
[Narrator] The Magna Carta,or Great Charter,
is one of the most importantdocuments in the history
(03:24):
of constitutional government.
♪
Signed in 1215 byKing John of England,
it established a set ofrights and limitations
on the power of the monarch,
which were crucial inshaping the development
of modern democracyand protecting
the individualliberties of citizens.
(03:44):
But the significanceof the Magna Carta
goes beyond itshistorical context.
Its principles have continuedto influence the development
of constitutional governmentaround the world,
providing a foundation for theprotection of private property,
individual rights andlimitations on government power.
♪
(04:05):
England has a unique historythat has always had a vein
of freedom and individualismrunning through it.
This can be traced back tothe biblical foundations
of Christianity, which emphasizethe inherent worth and dignity
of every individual andthe idea that all people
are equal before God.
(04:25):
These principles help to lay thegroundwork for the Magna Carta,
which established theidea that all people,
including the monarch,are subject to the law.
♪
[Doug Bonner] So what's greatabout this 800-year-old document?
Well, it was like a crack inthe dam that opened the way
for really a God-givenindividual rights to trump,
(04:50):
you know, the king's right.
I mean, the right of kings.
So the king was it, hesaid what the law was,
but all of a suddenit changes now.
And there's a law thatapplies to the kings
and everybody else.
So the great thingabout this document,
it was the beginning ofsomething that grew and grew
and grew to the AmericanConstitution.
(05:13):
I mean, the Constitution thatbrought individuals into
government, that brought theindividuality of the person
was preeminent over thestate or over the king.
That was so important.
Even right now, even today,we recognize that this began
(05:35):
at that 800-year-old,1215 document
that started the ballrolling that we have today.
♪
The Magna Carta was theculmination of these efforts
to limit the powerof the monarch.
It was signed by King Johnin response to pressure
from a group of nobles who weredissatisfied with his rule.
(05:56):
The document established a setof rights and limitations
on the power of the monarch,
including the rightto a fair trial,
the right to due process oflaw and the protection
of private property.
One of the most significantaspects of the Magna Carta
was its recognition of theidea of Habeas Corpus,
(06:18):
which requires the government toprovide a legal justification
for detaining a person.
This principle has been crucialin protecting individual
liberties as it prevents thegovernment from detaining people
without cause or trial.
The Magna Carta alsoestablished the principle
of the rule of law,
(06:38):
which holds that everyone,including the monarch,
is subject to the law.
This was a radical idea atthe time as it challenged
the divine right of kings
to rule without theconsent of the governed
and the notion that themonarch was above the law
and could do as they pleased.
♪
The principles of the MagnaCarta were not immediately
(07:00):
enforced, and it would take manyyears of struggle and conflict
before they were fully realized.
However, the document provided afoundation for the development
of modern constitutionalgovernment,
and its principles havecontinued to influence
the development of democracyaround the world.
♪
(07:21):
[Gene Bailey] RudyardKipling wrote a poem
about the Magna Carta
that sums up the vision ofthe stubborn English
determined todefend their right.
"The first attackon Right Divine...
That settled John at Runnymede.
Your rights werewon at Runnymede.
No freeman shall be finedor bound or dispossessed
(07:43):
of freehold ground, exceptby lawful judgment found
and passed upon himby his peers.
Forget not, afterall these years,
the Charter signed atRunnymede."
The Magna Carta is widelyaccepted as the first
constitutional documentthat formed the basis
(08:05):
of modern democracy.
So what does this allmean for us today?
Watch this.
♪
[Doug Bonner] This ended theidea of divine right of kings
to rule over men.
It made the king subjectto the rule of law.
(08:28):
Now, this is one of the reasonswhy England was the cradle
of the idea is that eventuallygave birth to the English
Constitution andthe Bill of Rights,
and that gave birth to America.
But it all beganwith the Magna Carta.
[Narrator] One of the key waysin which the Magna Carta
(08:49):
has influenced modernconstitutional government
is through its recognition
of the biblical principleof private property.
The document established theprinciple that the monarch
could not seize the property ofhis subjects without just cause,
and that property rightswere protected by law.
♪
This principle has been crucialin protecting individual
(09:11):
liberties as it prevents thegovernment from arbitrarily
taking away people's property orusing it for its own purposes.
It has also been a key factor inthe development of free market
capitalism as it provides afoundation for the protection
of property rights and theability of individuals to own
and control their owneconomic resources.
(09:36):
In addition to protectingprivate property,
the Magna Carta also establishedlimitations on the power
of the monarch andprovided a foundation
for future constitutions.
♪
England was a unique placebecause it always had a vein
of freedom and individualismthat ran through its history.
(09:56):
And when you consider thebiblical foundations
of Christianity, ofindividualism and liberty
that made England a naturalbirthplace for a constitution
because of the Englishheritage of Christianity.
♪
[Gene Bailey] The Magna Cartawas ratified over 40 times
by successive kings.
It eventually evolved inthe English Bill of Rights,
(10:17):
passed in 1689.
The English Constitutionon the other hand,
is not a single document, butrather a collection of laws
like the Blackstone'sCommentaries on the common law.
Blackstone use so much Bibleand English common law
that a young lawyer namedCharles Finney got saved,
get this... by studying the law.
(10:40):
The English Constitution also
included customs in theagreements that form the basis
of the British political system.
Over time, thisunwritten constitution
evolved to includeparliamentary democracy,
the rule of law and protectionof individual rights
and freedoms.
Let me introduce you tothis man, Walter Bagehot.
(11:03):
♪
He literally wrote the bookon the English Constitution.
Watch this.
[Doug Bonner] Walter Bagehot.
Now, this guy was called themost important Victorian.
He was both Englishbanker, essayist.
(11:24):
He was the editor of TheEconomist newspaper.
Now, Bagehot, he was forminghis views at the time
of the US Constitution duringthe American Civil War,
when Abraham Lincoln wasoverstepping his executive power
at the American Constitutionin order to execute
and fight that war.
(11:46):
So this affectedBagehot's views
on the very AmericanConstitution.
Now, Bagehot, he was writingwhen England was the only stable
Western democracy, theonly one at that time.
Now he has good pointsif you filter
through the lens ofhistory he was living in.
(12:06):
♪
[Narrator] Thecharacteristic danger
of great nations like theRomans or the English,
which have a long historyof continuous creation,
is that they may at last failfrom not comprehending
the great institutionswhich they have created.
(12:35):
Walter Bagehot was aprominent British journalist,
economist and political analyst.
He is best known for his bookThe English Constitution,
which was published in 1867 andis considered a major work
on the British political system.
Bagehot was known for hisinsightful commentary
on political andeconomic issues,
(12:57):
and his work was widelyread and respected.
In 1867, Bagehot publishedhis most famous work,
The English Constitution.
The book was a critical analysisof the British political system,
and it has been hailed as aclassic of political science
ever since.
In it, Bagehot argued thatthe British Constitution
(13:20):
was a unique and effectivesystem that had evolved
over centuries of politicaland social change.
Bagehot's analysis of theBritish Constitution
was groundbreaking in its time,
and it has continued toinfluence political science
and constitutionallaw to this day.
His insights into thenature of political power,
(13:41):
the role of institutions andthe importance of tradition
and precedent remainrelevant and insightful.
♪
"The EnglishConstitution, in a word,
is framed on the principle ofchoosing a single sovereign
authority and making it good (13:55):
to the American upon the principle
of having many sovereignauthorities and hoping that
their multitude may atonefor their inferiority."
[Doug Bonner] But nowBagehot, he believed
(14:15):
that the EnglishConstitution was superior
to the American Constitution
because it was moreflexible and adaptable.
Now he argued this.
He said that the ceremonialtrappings of the English
Constitution, such as themonarchy, House of Lords,
served as an important rolein providing stability
(14:36):
and continuity, while theclear separation of powers
in the American Constitutionmade it more prone to gridlock
and political polarization.
Bagehot also believe that theEnglish Constitution was better
suited to the needs of acomplex, industrialized society.
(15:00):
His book, The EnglishConstitution
influenced so many politicians,including the American
President, Woodrow Wilson.
[Gene Bailey] Walter Bagehotbelieve that the English
and American Constitutions hadtheir own distinct strengths
and distinct weaknesses,
mainly the flexibility ofthe English Constitution
(15:22):
versus the rigidityof the American Constitution.
And this is themost important part.
His book had an immense effecton American politics
by influencing a young collegestudent named Woodrow Wilson
and his view of theConstitution.
♪
[Narrator] Speaking about alimited and divided government.
(15:44):
Woodrow Wilson once said, "Thetrouble with the theory
is that government is not amachine but a living thing.
This is where the living andbreathing constitution
comes from.
It is modified byits environment,
necessitated by itstasks, shaped to its functions
by the sheerpressure of life."
♪
(16:06):
When a young futurepresident was in college,
he was radically influencedby both Walter Bagehot
and Charles Darwin's booksand made it the subject
of a college paper he authored.
Woodrow Wilson's paper and thecomparison of how the founders
thought of Newtonian principlesgovern the US Constitution
and how it should evolve withthe new idea of Darwinian
(16:28):
principles of evolutionis an unusual
ideological piece of writing.
In this paper, Wilsonputs forward the idea
that the AmericanFounding Fathers
believed theU.S. Constitution
was designed to workwithin the framework
of Newtonian principles, whichbelieved the universe
was created by God as aclockwork machine,
with everything operating in apredictable and orderly manner.
(16:51):
It should not be changedor tampered with.
However, he believed thatthe principles of evolution,
as outlined by CharlesDarwin, should now be applied
to the Constitution sothat it could evolve
with the changingneeds of society.
This was a way to goaround the fixed limitations
in the Constitution.
Wilson's argument is based onthe belief that the founders
(17:14):
of the United States viewedthe universe in a way
that Isaac Newtonviewed the world.
This means that they saw theworld as a clockwork machine
with everything operatingin a predictable,
orderly and unchangeable manner.
The universe was seen as a vastmachine governed by mathematical
laws that could beunderstood and predicted.
(17:36):
The founders applied theseprinciples to the U.S.
Constitution, whichthey designed to work
in a similar way.
The Constitution was seen as aset of laws that would govern
the United States in aperpetual and orderly manner,
just like the universe itself.
Wilson, on the other hand,believed that the universe
was governed by theprinciples of evolution,
(17:57):
as outlined by Charles Darwin.
He believed that theConstitution should reflect this
and that it should evolvewith the changing needs
and morals of society.
♪
[Gene Bailey] Bad ideas of aliving constitution resonated
with Wilson, who believed that aconstitution should be able
(18:20):
to adapt to changing needsand realities of society.
Furthermore, Wilson wasalso deeply influenced
by Charles Darwin'sTheory of Evolution,
which he saw as a metaphorfor the way in which
society and governmentshould evolve over time.
He believed that just asspecies evolved to adapt
to their environment,
(18:40):
so too should theConstitution evolve to adapt
to the changingneeds of society.
In particular, Wilson wasa proponent of an evolving
document that could evolve asa bureaucratic state evolved.
He saw the bureaucratic state asa living organism that needed
to adapt and evolve to meet thechanging needs of society.
(19:02):
And it was Walter Bagehot thatmost influenced Wilson's ideas
about the living natureof constitutions,
combined with what heconsidered a modern worldview
of Charles Darwin'stheory of evolution.
Now, this is importantto understand,
because it was in thisprogressive era
that the Darwinian ideaswere applied to the birth
(19:25):
of big government.
Have you ever heard theProgressive nowadays say
the Constitution wasa living document?
Well, that was thebeginning of that idea.
[Narrator] Woodrow Wilson'sbelief in a living constitution sparked
the progressive viewsprevalent in America today.
He stated.
"Living political constitutionsmust be Darwinian in structure
(19:47):
and in practice.
Society is a living organismand must obey the laws of life,
not of mechanics.
It must develop. All thatprogressives ask or desire
is permission in an erawhen Development,
Evolution, is the scientificword to interpret
the Constitution according tothe Darwinian principle.
All they ask is recognitionof the fact that a nation
(20:09):
is a living thingand not a machine."
[Gene Bailey] And here'swhy that's important.
It's antithetical to theway founders believe
government should work.
It's Newtonian, asin Isaac Newton.
The founders set up thegovernment so that the three
branches balanced eachother in checks and balance
like a clockwork machine.
(20:30):
John Locke and Montesquieu holdthat conflict between different
branches of government, betweenthe people and their leaders
who are good and healthy andprotective of liberty.
The analogy is just likeNewton's laws of gravity.
This is how the foundersthought, and we think too.
It has roots inbiblical principles.
Now, Woodrow Wilson didn'tbelieve in this kind of balance
(20:53):
anymore because it conflictedwith the Darwinian type
of ideas.
He thought, "Instead we shouldapply Darwin's evolution
principles to aliving government."
[Narrator] This meant that theConstitution should be seen
as a living document capableof changing and adapting
to new circumstances,
just like the universe itself.
(21:14):
Wilson's argument is ahumanist, ideological one,
and it raises some importantquestions about the role
of government in modern society.
The question of whether theConstitution should be seen
as a living document capable ofevolving with the changing needs
of society is an important one.
There is an argument thatthe Constitution is a sacred
(21:36):
document written by thefounders of the United States
and that it should be treatedwith reverence and respect.
On the other hand, there is anargument that the Constitution
is a living document capable ofevolving with the changing needs
of society and that itshould be updated
and revised as necessary.
(21:56):
Wilson's argument is based onthe belief that the principles
of evolution should beapplied to the Constitution.
This means that the Constitutionshould be seen as a living
document capable of changing andadapting to new circumstances.
This is a radical argument as itrecognizes the fact that society
(22:17):
is constantly changing and thatthe Constitution should be able
to keep up with these changes.
However, there arepitfalls to this argument.
One of the main concerns is thatif the Constitution is seen
as a living document,it could be subject
to political manipulation.
There is a danger thatpoliticians could use
the Constitution to justifytheir own policies,
(22:40):
even if these policies goagainst the principles
of the Constitution itself.
Another concern is that if theConstitution is seen as a living
document, it could underminethe principles of democracy.
If the Constitution canbe changed at any time,
then it becomes less importantas a safeguard against
government tyranny.
(23:01):
There is a danger that theConstitution could become a tool
for government control ratherthan a protection against.
Wilson's argument that theConstitution should be seen
as a living document capable ofevolving with the changing needs
of society is a dangerous onethat has been a part
of the progressive movementsince its inception.
(23:23):
The left view of fixedconstitution as a roadblock
to their progressive agendainstead of a sacred document
to protecting the principles ofdemocracy and individual rights.
[Gene Bailey] The theorythat Wilson believed
is that the government is not amachine but a living thing.
It falls not underNewton's laws of God,
but under the theoryof organic life.
(23:46):
It is accountable toDarwin, not to Newton.
It's a modified by itsenvironment necessitated
by his task, shapedto its functions,
by the sheer pressure of life.
No living thing can have itsorgans offset against each other
as checks and balances and live.
Living political constitutionsmust be Darwinian in structure
(24:08):
and in practice.
Society is a living organism andmust obey the laws of evolution.
Well, we can see that that'sjust simply not right.
He sought to achieve this visionby attacking what Wilson called
the wall of privilege.
Any of this sounding familiar?
"Government", Wilson said, "wasa living organism accountable
(24:31):
to Darwin, not to Newton.
He thought since no living thingcan survive when its organs work
against one another, agovernment must be free to adapt
to its times orelse it will perish.
The adaptation Wilson had in hismind was to neutralize Congress
and consolidate powerin a vigorous executive.
(24:52):
What? Neutralized Congress?Free will for officials
and none for the people?
His Darwinian philosophy wentfor freedom for humans
to freedom for the government.
How did allowing each human tomanage and exercise his own
free will change to the demandthat all individuals submit
to the control in theexperts and government?
(25:16):
It was a plan he had beendeveloping for more than
30 years and Wilson'sessay of 1887,
the Study of Administration.
He completed this plan while hewas the college president
of Princeton, which long agolost its preacher college roots
and became auniversity celebrated
(25:36):
by liberal theologiansand Democrats.
The idea of a livingconstitution takes concrete
political shape in theform of bureaucratic
administrative state.
And as a result, the modernAmerican government,
to a large degree, consistsof thousands of unelected
bureaucrats andnumerous unaccountable
regulatory agencies.
(25:58):
In other words, today wecall this the DC swamp.
The progressive movement alteredthe way American politics work
alongside the branchesof government
that the Constitutionestablishes.
There is now this fourth branchof government that's not
accountable to the people.
♪
(26:29):
By their very nature, theyundermine the founding
principles oflimited government,
representation of thepeople, for the people
and the separation of powers.
Unless the Americanpeople halt the growth
of bureaucratic despotism,
we risk losing ourconstitutional government
entirely.
The Progressives were applyingDarwin's evolutionary principles
(26:52):
to virtually every part ofgovernment and society:
Arts, media, education,church in the family.
Today shows a bit different fromour typical revival history,
but it's church history.
Since the Tower of Babel,
when God divided the nations,kings have ruled over men
and kings have claimedright or wrongly,
(27:13):
a divine right to rule over men,
until the English change thatthe English with their unique
Christian heritage that believedthat rights came from God
and not the king.
Our American FoundingFathers built
on these biblical principlesto hand us the stewardship
of the freedom theChurch enjoys today.
(27:36):
So let's pray, "HeavenlyFather, we commit our nation.
We return once again to thefoundations that our forefathers
established this nationon, the Constitution,
the Declaration of Independence,and the Bill of Rights.
Father, we do return and wecall this nation back to You,
to serve You and to servea God who is known
(27:58):
as Jesus Christ, our Lord.
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