Thom Hartmann is quite possibly the most intelligent and well versed purveyors of radio talk. He has a real sense of history and how to translate it into a modern context. His September 25th article for Common Dreams.org is a prime example:
....The modern institution of civil and human rights, and particularly the writ of habeas corpus, began in June of 1215 when King John was forced by a group of feudal lords to sign the Magna Carta at Runnymede.The sad part is only the ending of the current legislative session, will be able to stop this heinous rebuke of American history and liberty from passage. Unless of course moderate Republicans or some Democrat with a spine steps up to the plate..... I am not holding my breath.
Two of the most critical parts of the Magna Carta were articles 38 and 39, which established the foundation for what is now known as "habeas corpus" laws (literally, "produce the body" from the Latin - meaning, broadly, "let this person go free or else give him a trial - you may not hold him forever with charging him with a crime"). The concept of habeas corpus in the Magna Carta led directly to the Fourth through Eighth Amendments of our Constitution, and hundreds of other federal and state due process provisions.
Articles 38 and 39 of the Magna Carta said:
"38 In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.
"39 No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land."
This was radical stuff, and over the next four hundred years average people increasingly wanted for themselves these same protections from the abuse of governmental power that the feudal lords had gotten at Runnymede. But from 1215 to 1628, outside of the privileges enjoyed by the feudal lords, the average person could be arrested and imprisoned at the whim of the king with no recourse to the courts....