The United States Constitution has been an essential part of American history since 1787. On Sept. 17, the William S. Boyd School of Law and College of Liberal Arts hosted a guest lecture in honor of Constitution Day. Tuesday marked the 237th anniversary of the U.S. officially adopting the Constitution.
Before the speaker took the microphone, William S. Boyd Professor of Law Leslie Griffin spoke about the tradition of Constitution Day at UNLV.
“Every year, our tradition is to host a distinguished speaker in honor of Constitution Day,” Griffin remarked. “It’s an important day in history to remember, and hosting speakers like these helps us do just that.”
This year, the College of Liberal Arts and William S. Boyd School of Law welcomed Michael Waldman. Waldman is the president and CEO of the Brennan Center for Justice, which is a non-partisan institution that works towards voting and civil rights.
Previously, Waldman was the Director of Presidential Speechwriting for former U.S. President Bill Clinton.
In this talk, Waldman asserted the structural and systemic problems of the Supreme Court and judicial system in the U.S.
“Currently, the Supreme Court is actively entrenching the political minorities in our country,” Waldman claimed. “The Court does not represent the ideals of a democratic system, which is the very foundation of our country.”
To further his assertion of the Supreme Court’s position, Waldman also revealed the imbalance of power the Supreme Court wields.
“Even though the Supreme Court holds vast power, it has virtually no accountability,” said Waldman. “In the Constitution, there is 10 times as much verbiage pertaining to the executive and legislative branches of government as opposed to the judicial branch.”
Because of this imbalance in our founding document, the Supreme Court has come under severe scrutiny as a non-democratic entity promoting special interests.
“The Equal Voting Rights Act of 1965 was a response by Congress to the Civil Rights Movement and John Lewis,” Waldman explained. “However, it’s noteworthy that the Supreme Court could have acted but chose not to.”
The Supreme Court was initially designed as a non-partisan institution, but it has become increasingly politicized. According to Waldman, seven of the last eight democratic candidates for president won the popular vote, but the six of the last nine Supreme Court justices were given lifelong appointments by Republicans.
In addition to increased politicization, the Supreme Court has broken precedent involving laws put forth by Congress.
“In the 50s and 60s, the Supreme Court rarely struck down or overturned laws made by Congress,” Waldman said. “However, in the last two decades, the Supreme Court has undermined Congress more times than ever before.”
The most concerning act by the Supreme Court, according to Waldman, came recently just after the 2020 presidential election. The Court traditionally adheres to the Purcell Doctrine, which states that the courts would abstain from anything related to an election in the months just prior and following. However, the Jan. 6, 2021 insurrection challenged this notion.
“In the case of Trump v The United States, the Court had to decide if Trump would be eligible for criminal charges after leading the Jan. 6 insurrection,” Walden noted. “In probably one of the worst decisions in this country’s history, the Court unabashedly protected Trump and confirmed a partisan interest, contrary to its non-partisan foundation.”
While the current paradigm seems bleak, Waldman did offer some things to look forward to in the future, depending on the outcome of the upcoming election.
“The ethics of the Supreme Court will be front and center following this next election,” Waldman concluded. “We may see term limits get approved for Supreme Court justices, as well as increased power given to state courts.”
The College of Liberal Arts and the William S. Boyd School of Law plans to continue with the Constitution Day tradition next year as well.
