Constitutional Protections and the Magna Carta

The Importance of Common Law and Due Process in Arrests

• The common law, established in Magna Carta, states that no one shall be arrested or imprisoned except by the law of the land.
• The common law is made constitutional law by the due process clause.
• Despots may disregard the common law and impose their will through corrupt statutes and judicial opinions.
• There is a conflict between fundamental law and the will of despots in determining the controlling law regarding arrests.
• Anderson's Treatise on the Law of Sheriffs emphasizes the importance of common law in arrests, stating that there can be no arrests without due process of law.
• Public officials today do not adhere to the common law principles, finding them restrictive in their pursuit of criminals.
• The common law aims to restrict those in government, ensuring that proper procedures are followed and protecting people's rights.
• Sir William Blackstone expressed the sentiment that it is better for guilty individuals to go free than for one innocent person to suffer.
• Constitutions in this country were written to restrict the actions of those in government, but they are frequently violated by judges, legislators, and police in regards to arrests.
• Officials who violate the law of the land are considered lawbreakers.
• Subjects living under a monarchy had more liberty because they benefited from the common law principles and maxims that protected life, liberty, and property.
• The erosion of common law and due process has led to a decrease in personal liberties in society.