Thursday, May 12, 2011

LA Times Festival of Books. The Living Constitution

My final panel on Sunday was about the US Constitution.

Below are stolen biographies from the LA Times.

Jim Newton (moderator):  Newton has written hundreds of newspaper and magazine stories.  He shared in the Pulitzer Prizes awarded to the Los Angeles Times for coverage of the 1992 riots and the 1994 Northridge earthquake.  He is the author of 'Justice for All,' and Editor-At-Large at The Times.

Erwin Chermerinsky:  Chermerinsky, founding dean of the UC Irvine Law School, has also taught at De Paul and DUke.  An expert on constitutional law, he has frequently argued cases before the U.S. Court of Appeals and occasionally before the Supreme Court.  His latest title is 'The Conservative Assault on the Constitution.'

John W. Dean:  Dean was White House legal counsel to President Richard Nixon for 1,000 days.  He also served as chief minority counsel for the House Judiciary Committee and as an associate deputy attorney general for the U.S. Department of Justice.  Dean is the author of 'Broekn Government' and 'Blind Ambition,' among other works.

Henry Weinstein:  Weinstein was a reporter for the Los Angeles Times for 30 years, covering law, labor and politics.  During those years, he received numerous awards, including a John B. Oaks Award for Environmental Reporting.  Weinstein now teaches law and journalism at UC Irvine's School of Law.

Below are my imperfect notes from the panel.

Henry Weistein. Original constitution had flaws. Women were not allowed to vote. Slaves were 3/5th people. Just because it is in the constitution doesn’t mean it takes immediate effect. There must also be political will to implement the constitution.

Confirmation process could be a wonderful forum for what the court does, but they’re too worried about being attacked.

Bradley Manning. Treatment has crossed the line of the 8th amendment. He was recently moved. Doesn’t consider him a criminal.

Erwin Chermeninsky. From 1968 to 2008, 13 justices nominated by Republicans and only 2 by Democrats. Scalia and Thomas are most conservative justices since 1930s. Not all areas have been shifted conservative, but most have gone conservative, especially those focused on business.

Because of the Supreme Court, we have unchecked presidential power. Church/state separation eroded. Rights of those accused of crime limited. Individual liberties reduced. Only gun owners have gotten new rights in that time frame.

Constitution is there to protect minorities. Check and balances get enforced. Court is not doing this. Education limits on desegregation. Cruel and unusual punishment should be put on hold even if the majority wants it.

No life sentence for stealing video tapes – shoplifting.  If someone is caught for shoplifting 15-20 times, maybe punishment needs to be increased, but not 50 years to life.  (This was related to a case he brought in front of the Supreme Court.)

As long as Senate and President are of the same party, confirmation hearings is nothing put pandering. Only when the two conflict does the process mean anything.

The Supreme Court decides about 73 cases a year. Republicans are more idealistic. Republicans also filibuster more.

Doesn’t believe abortion would have been made legal via political process. Doesn’t believe gay marriage will either.

Bradley Manning. He is under the military, but military must also work under the constitution.

Judicial activism by conservatives via over-turning state and federal laws.

John Dean. Below the radar regarding how lower seats are filled. You go from centrists to conservatives. Losing good people from the judges because of money. This will need to change.

Rehnquist. Vetting process was really bad. Howard Baker was considered, but couldn’t decide. Believes Rehnquist lied. Nixon was sold when he learned Rehnquist finished number one at Stanford.

Bradley Manning. Don’t underestimate the impact of the Naitonal Security Community on Obama. They have a great influence on a president, especially one who isn’t experienced.

Keep an eye on campaign finance. Likely to see campaign finance laws outlawed. What if you wipe out disclosure laws. At the state level, justices are elected and could be elected via funds raised from corporations with cases that will be decided by the judge.

For perhaps a better review of the panel discussion, head on over to the LA Times.

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