Sick of the appropriation of Magna Carta by clueless and authoritarian British governments? So am I. And so is Tom Ginsburg:
Magna Carta has everything going for it to be venerated in the United States: It is old, it is English and, because no one has actually read the text, it is easy to invoke to fit current needs. A century ago, Samuel Gompers referred to the Clayton Act as a Magna Carta for labor; more recently the National Environmental Protection Act has been called an “environmental Magna Carta.” Judges, too, cite Magna Carta with increasing frequency, in cases ranging from Paula Jones’s suit against Bill Clinton to the pleas of Guantánamo detainees. Tea Party websites regularly invoke it in the battle against Obamacare.
Americans aren’t alone in revering Magna Carta. Mohandas K. Gandhi cited it in arguing for racial equality in South Africa. Nelson Mandela invoked it at the trial that sent him to prison for 27 years. We are not the only ones, it seems, willing to stretch old legal texts beyond their original meaning. Like the Holy Grail, the myth of Magna Carta seems to matter more than the reality.