Who Is the Law of the Land

The United States and England were inspired by the infamous historical document magna carta. He played a key role in the formulation of U.S. constitutional law. The exact phrase “the law of the land” is a term used in the infamous Magna Carta document of 1215. As it was written in Latin, Magna Carta uses the term lex terrae, which translates to “the law of the land” in English. It was more than five hundred years later, shortly after the American Revolution, that lawmakers adopted the Magna Carta`s description of the Law of the Land and other ideals represented in the document. Finally, the term was used in 1787 to establish the supremacy clause of the United States Constitution. The highest law in the land is a term best described as the highest form of law a nation can have. This is the basis on which all other laws are built and legally established.

For the United States of America, the supreme law of the land is its Constitution, its federal laws and all treaties, unless they are in direct contradiction with the Constitution itself. Although the Magna Carta used the term for the first time, it did not become the law of the land until the reign of Edward I of England. [5] It was closely related to another sentence that helped define the country`s due process law. During the reign of Edward II, the Liberty of Subjects Act of 1354 stated: The term law of the land (Latin lex terrae) is a legal term. This means all laws in force in a country or region. [1] The term was first used in magna carta. It was used to refer to the laws of the kingdom. [2] It was different from roman law or civil law.

[2] In the United States, the Constitution makes it the “supreme law of the land.” [3] This is the same as due process as warranted by the Constitution. [4] In the eighteenth century, the English jurist William Blackstone also wrote that the law of the land “does not depend on the arbitrary will of a judge; but is permanent, firm and immutable, unless it is the authority of Parliament. Not only the essential part or judicial decisions of the law, but also the formal part or procedure can only be changed by Parliament. [43] In 1787, the Continental Congress passed the Northwest Ordinance on the Administration of Territories in the United States Outside of Individual States. Congress wrote: “No one may be deprived of his liberty or property except by the judgment of his peers or the law of the land.” [16] After the passage of the United States Constitution, Congress re-enacted the Northwest Ordinance in 1789. [17] Littleton Powys, a judge of the king`s bench, wrote in 1704, referring to the Magna Carta: “The lex terrae is not limited to the common law, but includes all other laws in force in this field; [31] [32] In 1975, political scientist Keith Jurow asserted that the term “law of the land, as understood by Lord Coke,” covers only the common law,[33] but Jurow`s assertion was called “manifestly false” in a 1990 article by Robert Riggs, a professor at Brigham Young Law School. [34] This is sometimes referred to as the “law of the soil.” Magna Carta was originally written in Latin, and the Latin term is lex terrae or legem terrae in the accusative (i.e. when the term is used as an object in a sentence). [1] English jurists who have written about legem terrae in relation to the Magna Carta have explained that this term encompasses all laws currently in force in a jurisdiction. For example, Edward Coke, commenting on the Magna Carta, wrote in 1606: “No man may be taken or imprisoned except by legem terrae, that is, according to the common law, law, or custom of England.” [24] [25] In this context, the term “custom” refers only to local customs, as the common custom of England was considered part of the common law. [26] [27] [After-sales laws, laws declaring the confiscation of estates and other arbitrary legislative acts so common in English history have never been considered incompatible with the law of the land; for despite what was attributed to Lord COKE in the Bonham case, 8 Reporters, 115, 118a, Parliament`s omnipotence over the common law was absolute, even against customary law and reason.

This term was used in 1787 to write the supremacy clause of the United States Constitution, which states: “This Constitution and the laws of the United States made accordingly; and all treaties concluded or concluded under the authority of the United States shall be the supreme law of the land. [18] The supremacy clause is the only place in the Constitution where this very term has been used. British Chief Justice John Fineux declared in 1519 that “the law of God and the law of the land are all one” in the sense that they both protect the public good. [20] [21] British Chief Justice John Vaughan added in 1677 that whenever the law of the land declares by a legislative act what divine law is, the courts must consider that law to be correct. [22] [23] In 17th-century England, Lord Coke wrote that if the common law “is not repealed or amended by Parliament, it remains silent. [26][38] He also said that the power and competence of Parliament “are so transcendent and absolute that they cannot be limited to causes or persons within any frontier”[39][40] and that even the Magna Carta would not prevent subsequent laws, which run counter to this Magna Charter. [29] The Court added:[29] The Law of the Land Act and the Liberty of Subjects Act remained in force in England. Both were used in colonial acts and in the common law.

They became part of American laws after the American colonies declared their independence from England in 1776. Judges and lawyers have said for many centuries that the words “law of the land” refer to certain legal requirements. For example, William Bereford, a judge of the Common Pleas, stated in 1308 that the then existing “law of the land” required that a tenant be subpoenaed by two summonses. In 1550, John Pollard, a Serjeant-at-Law and later Speaker of the House of Commons, stated that beating and injuring a man was generally “contrary to the law of the land” (subject to exceptions). [19] The term law of the soil is a legal term that corresponds to the Latin lex terrae or legem terrae in the accusative. [1] It refers to all laws in force in a country or region[2][3][4][5], including law and law. [6] More than 500 years later, after the American Revolution, lawmakers were inspired by the Magna Carta and imitated their language of the “law of the land.” .