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  The Constitution and the Supreme Court

This week I had a fabulous experience speaking to a high school class and teaching them about the Constitution and the Supreme Court.  They were an exceptional group -- very bright, dedicated, and quite conscientious. I was impressed that they understood the basics about the Constitution, which is more than can be said for a lot of people, including many of those who represent us on Capitol Hill.  

For example, this group was quick both to point out that the rights to life, liberty and the pursuit of happiness are the basis of -- are you ready? -- the Declaration of Independence.  That phrase does not appear anywhere in the Constitution, even though I am personally aware of at least two members -- prominent members, even -- of the United States House of Representatives who have recently quoted the Declaration of Independence incorrectly, believing it to be the Constitution.

Now, my goal here isn't to rip on Capitol Hill.  The congressional approval polls over recent years covering both parties have already done that.  But I believe it is tragic that we have elected people who swear an oath to uphold the Constitution when, by all appearances, they haven't ever read it. 

My real point here is that I'm both relieved and encouraged by those in the next generation who have not only read the Constitution but appear to understand it far better than some of our elected officials.  They understand that government is about the people and that people are the source of the government's power, not vice versa.  They understand that Congress can't pass a law that tells us, the people, what we must or cannot do unless the Constitution gives Congress that specific power over that aspect of our lives.

The Constitution is the basis for all of our federal laws, and every state has its own constitution that largely mirrors the federal Constitution.  If we realistically expect our federal or state laws to be effective, or if we realistically hope to elect competent representatives, the Constitution is our starting point.  Reading and understanding it is, I believe, essential for every American -- not just every American lawyer (like me) or elected official.  

I am very grateful for having had the opportunity to spend some quality time with a small group of high schoolers who have already learned that very important lesson.

Categories: Law

Posted By Mark Shields on May 06, 2010 02:14 pm | Permalink 
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