The Unwritten Law That Rules America

Описание: Did you know that an unwritten law from medieval England decides whether or not Americans get justice in modern times?

In this episode of Plain Meaning, we trace how “the King can do no wrong” traveled from Henry II’s royal courts to modern American courtrooms. We explore the tragic case of Lt. Rudolph Feres, a D-Day veteran killed in an Army barracks, whose widow was denied justice by the Supreme Court. We uncover how William Blackstone's profitable textbook shaped a young John Marshall's legal thinking. And we reveal the devastating story of the Downwinders—hundreds of Utah residents exposed to nuclear fallout while the government stayed silent. The fallout story even involved the crew of blockbuster Hollywood movie.

From the Magna Carta to the Constitution's framers, from James Wilson's vision of accountability to Marshall's quiet insertion of royal immunity, this is the story of how a doctrine Americans thought they rejected in 1776 was found new life in America.

In this video:
-The origins of English common law under Henry II
-How the Magna Carta challenged royal power
-James Madison's choices drafting the Bill of Rights
-The 1793 Supreme Court battle over sovereign immunity
-Why "discretionary function" and "incident to service" are just new labels for an old king's rule

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#commonlaw #ConstitutionalLaw #LegalHistory #SovereignImmunity #SupremeCourt #AmericanHistory #Downwinders

Timestamps:
00:00 - Intro
01:01 - The King Could do No Wrong
03:44 - The Birth of English Common Law
07:13 - A King Loses Control
09:09 - A Profitable Book
10:23 - American Law
12:58 - Choosing What Matters
15:01 - First Round: America. 4. The King's Rule. 1.
17:14 - A Father's Gift
18:53 - Second Round: America. 0. The King's Rule. 6
21:15 - The Downwinders