What a great day today. The morning started with a great lecture, particularly about the Federalists' ideas of human nature and how to deal with it (spoiler alert- they fell towards John Calvin and Thomas Hobbes, not big fans of the potential of humans). As a philosophy major, it was discussions like this that I thoroughly enjoy.
But the highlight of the day was our visit to the Supreme Court and a meeting with Associate Justice Ruth Bader Ginsburg. We were instructed ahead of time that she would speak for a bit, then would take some questions; however, we were requested to not ask questions about recent or future court cases. She walked into the room, and after telling us to be seated, she made her way to the podium. We sat there transfixed at her presence in the room. She spoke of the collegiality of the Court, evidenced by a tradition on any day that they are hearing arguments or meeting in conference that they go around the room and each justice shakes hands with all of the others. She talked about their lunches, and how most of them eat together and talk about their families. Former Justices O'Connor and Stevens still join them occasionally, and twice a year, they bring in a guest such as Condoleeza Rice or Kofi Annan. She has a great sense of humor and a razor sharp mind. When we got to the question time, she made us laugh, she answered questions directly, and showed what a brilliant mind she had.
Some highlights:
*When asked whether the Constitution was fixed or fluid, she quickly quoted the 14th Amendment's Equal Protection Clause and asked "Does this text protect women in 1868?" She talked about how the rights of groups have changed over time.
*When asked about the reasons why public opinion polls showing a high approval rating of the Supreme Court remain stable while the President's and Congress's fluctuate, she responded: "It probably has something to do with that we have to give a reason for what we do."
*When asked if she would support oral arguments being televised, she shook her head no. She explained that viewing the 30 minute oral arguments would not give people a sense of what the court really does. The real work of the court is in the reading of the briefs, the discussions among the colleagues, and the opinion writing.
*When asked about her quote that Egypt should look to other constitutions rather than the US Constitution, she explained how other constitutions, such as South Africa define their rights at the outset, unlike ours that starts with the Legislative Branch. She also referenced our history and how our states play a crucial role in the organization of our government. Egypt does not have our same system, and should therefore look to the dozens of other examples that have been created since World War II.
*When asked about judicial restraint versus judicial activism, she made it clear that one must be careful in how they use the terms. Judicial restraint does not equate to 'conservative', nor does judicial activism equate to 'liberal'. She then quoted former Chief Justice William Rehnquist who compared the role of a judge to "that of a referee in a basketball game who is obliged to call a foul against a member of the home team at a critical moment in the game: he will be soundly booed, but he is nonetheless obliged to call it as he saw it, not as the home crowd wants him to call it."
As many of my colleagues have said today, no matter what you believe about the court's or any court member's ideology, it is a relief that these brilliant men and women sit on the highest court, and after much deliberation and argument, they make a decision based on principles that go well beyond partisan politics.
MEET THE FELLOWS: Drew Wendt is from West Virginia. Be careful when you ask what part of the state he is from, because the hand motion to show WV may lead you to believe he is telling you that you are #1 (if you catch my drift). He is definitely one of the smartest here, and has had a ton of experiences to share. He is also one of the affable fellows, and that is saying something considering this group.
TOMORROW: Class, James Madison Symposium, then more paper writing.
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