84R23661 JGH-D
By: Price H.R. No. 2402
R E S O L U T I O N
WHEREAS, The year 2015 marks the 800th anniversary of the
signing of the Magna Carta, one of the foundational documents of our
system of government, law, and jurisprudence; and
WHEREAS, In the early years of the 13th century, the barons of
England rose up in rebellion against their monarch, King John; they
objected to his excessive taxation, punitive fines, and
manipulation of the legal system, and they forced the king to
negotiate with them at Runnymede, along the River Thames in
southern England; and
WHEREAS, On June 15, 1215, King John and the barons agreed
upon the Magna Carta, or "Great Charter"; drafted in Latin, this
remarkable document addressed the grievances of the barons and put
limits on the executive power of the king, initiating a tradition of
individual liberty and rule of law that has since echoed around the
globe; and
WHEREAS, The Magna Carta strongly influenced the
constitutions of both the United States and Texas; it was relied
upon by the drafters of the 1836 Constitution of the Republic of
Texas, and it is one of the sources for the Texas Bill of Rights; in
the early 20th century, the Texas Supreme Court declared that "all
grants of power are to be interpreted in the light of the maxims of
Magna Carta"; and
WHEREAS, Among the document's most famous and influential
provisions is Clause 39, which declares that no one shall be
imprisoned or stripped of his rights, "except by the lawful
judgment of his equals or by the law of the land"; from this clause
derives an individual's right to due process of law and trial by
jury, as well as the concept of habeas corpus, which protects
citizens against illegal imprisonment; and
WHEREAS, Also influential is Clause 40, which states that "To
no one will we sell, to no one deny or delay right or justice"; this
elegant formulation is the basis of the "open courts" provision in
the Texas Constitution, which guarantees that all litigants have
the opportunity to redress their grievances and receive their day
in court; and
WHEREAS, On a summer's day eight centuries ago, in a field by
the bank of the Thames, the English people lit a flame of liberty
that continues to burn brightly in the Lone Star State, ensuring
that all Texans are guaranteed their fundamental rights to justice
and fair treatment under the law; now, therefore, be it
RESOLVED, That the House of Representatives of the 84th Texas
Legislature hereby commemorate the 800th anniversary of the Magna
Carta.