The Audacity of Hope - Barack Obama [39]
Just as conservatives appeared to have lost any sense that democracy must be more than what the majority insists upon. I thought back to an afternoon several years earlier, when as a member of the Illinois legislature I had argued for an amendment to include a mother’s health exception in a Republican bill to ban partial-birth abortion. The amendment failed on a party line vote, and afterward, I stepped out into the hallway with one of my Republican colleagues. Without the amendment, I said, the law would be struck down by the courts as unconstitutional. He turned to me and said it didn’t matter what amendment was attached—judges would do whatever they wanted to do anyway.
“It’s all politics,” he had said, turning to leave. “And right now we’ve got the votes.”
DO ANY OF these fights matter? For many of us, arguments over Senate procedure, separation of powers, judicial nominations, and rules of constitutional interpretation seem pretty esoteric, distant from our everyday concerns—just one more example of partisan jousting.
In fact, they do matter. Not only because the procedural rules of our government help define the results—on everything from whether the government can regulate polluters to whether government can tap your phone—but because they define our democracy just as much as elections do. Our system of self-governance is an intricate affair; it is through that system, and by respecting that system, that we give shape to our values and shared commitments.
Of course, I’m biased. For ten years before coming to Washington, I taught constitutional law at the University of Chicago. I loved the law school classroom: the stripped-down nature of it, the high-wire act of standing in front of a room at the beginning of each class with just blackboard and chalk, the students taking measure of me, some intent or apprehensive, others demonstrative in their boredom, the tension broken by my first question—“What’s this case about?”—and the hands tentatively rising, the initial responses and me pushing back against whatever arguments surfaced, until slowly the bare words were peeled back and what had appeared dry and lifeless just a few minutes before suddenly came alive, and my students’ eyes stirred, the text becoming for them a part not just of the past but of their present and their future.
Sometimes I imagined my work to be not so different from the work of the theology professors who taught across campus—for, as I suspect was true for those teaching Scripture, I found that my students often felt they knew the Constitution without having really read it. They were accustomed to plucking out phrases that they’d heard and using them to bolster their immediate arguments, or ignoring passages that seemed to contradict their views.
But what I appreciated most about teaching constitutional law, what I wanted my students to appreciate, was just how accessible the relevant documents remain after two centuries. My students may have used me as a guide, but they needed no intermediary, for unlike the books of Timothy or Luke, the founding documents—the Declaration of Independence, the Federalist Papers, and the Constitution—present themselves as the product of men. We have a record of the Founders’ intentions, I would tell my students, their arguments and their palace intrigues. If we can’t always divine what was in their hearts, we can at least cut through the mist of time and have some sense of the core ideals that motivated their work.
So how should we understand our Constitution, and what does it say about the current controversies surrounding the courts? To begin with, a careful reading of our founding documents reminds us just how much all of our attitudes have been shaped by them. Take the idea of inalienable rights. More than two hundred years after the Declaration of Independence was written and the Bill of Rights was ratified, we continue to