The lecture hall at Jerome Green Hall was filled to capacity Wednesday evening as Columbia School of Law students and a number of undergraduates critically examined the U.S. Constitution.
Gender and sexuality, national security, and the “unwritten” Constitution figured as prominent topics. A panel of professors from different departments offered viewpoints informed by their respective disciplines. Included were law school professors Katherine Franke, Jamal Greene, Trevor Morrison, and Theodore Shaw.
In 2004, Sen. Robert Byrd, D-W.V., added an amendment that mandates schools receiving federal funds to hold a program about the Constitution each year on Sept. 17.
Assistant Dean of the law school Ellen Chapnick quoted Byrd at the event. “‘Each and every one of us has a responsibility to understand the Constitution and to view the decisions of our government through the prism of the Constitution,’” she read. “‘Citizens must keep the government in line, because the government won’t do it by itself.’”
The importance of enlightened civic involvement permeated the discussion as some panelists argued that Americans lack a fundamental understanding of the Constitution.
“I sometimes ask my students, ‘What was the most important constitutional decision in 1803?’ They don’t say Marbury vs. Madison. They all say the Louisiana Purchase,” said the Herbert Wechsler Professor of federal jurisprudence Philip Bobbitt. He said crucial federal policy is often made outside of courts.
Greene acknowledged the importance of the Constitution’s actual text, but pointed out the significance of the “unwritten” constitution—the set of current guiding policies and precedents established by past court opinions and social movements.
“What struck me during the panel...was Professor Bobbitt’s opening remarks which appealed to look at the Constitution not as something written on a paper,” said Jindrich Kloub, an international law school student.
Shaw noted that despite the day’s title, the occasion should not be a glorification and whole-hearted celebration of the Constitution.
david.xia@columbiaspectator.com