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Spring 2010 Newsletter
Volume 3, Issue 1

Justices Scalia and Breyer Hold Constitutional Conversation
Rehnquist Center Program Draws National Audience

On October 26, 2009, the Center welcomed Justice Antonin Scalia and Justice Stephen Breyer to participate in a program moderated by Pete Williams, NBC News Justice correspondent.  The lively discussion, Principles of Constitutional and Statutory Interpretation, focused on the Justices' differing approaches to interpreting the Constitution and statutes. 

The Justices, described by Adam Liptak of the New York Times as "the court's two primary intellectual antagonists," approached the discussion with good humor, often provoking laughter from the audience. Nonetheless, they pulled no punches in describing their different methods of constitutional interpretation.  Justice Scalia argued that the Constitution must be interpreted based on the original meaning of its text, because if judges apply their own values “that’s a road to the end of Democracy.”  Justice Scalia said that if the Constitution needs to be changed to keep up to date, do it "through the legislature – pass a law.”  Justice Breyer insisted that in order to determine the meaning of a constitutional provision, judges often must look beyond the words of the text to such things as tradition, precedent, purpose, and consequences.  But he noted that in the end, interpretation “is a matter of degree – how much weight might I put on the purpose, or the value, or simply the original text," noting that the Justices agree about 80 percent of the time in cases heard by the Court.

The event took place at the Leo Rich Theater in Tucson, before a packed house of more than 500 people.  Locally, it was broadcast live on public television station KUAT and was video streamed live to classrooms at the law school.  The event also received national media coverage, including C-SPAN 's America and the Courts, NBC Nightly News, and commentary in other national and internet news outlets.

In thanking the Justices for their appearance, Pete Williams noted, “I think it is extremely generous for these Justices to take the time.  They don’t have to do this, but it shows their care for their work and for the public understanding of their work.”

To view the event in its entirety, click here.

On December 7, 2009, the Rehnquist Center was awarded a $7,500 grant from The Wings Like Eagles Foundation for its Public Outreach and Education Programs.

The Wings like Eagles Foundation was created in memory of the late William M. Clements, founder of Golden Eagle Distributors to “support distinct community organizations that engage in the enhancement of child welfare, education, the arts, the spirit, the advancement of liberty, and general community goodwill.” Toni Massaro, Dean Emerita of the James E. Rogers College of Law, and Kimberly Thompson, Senior Director of Development and External Relations, represented the Center at an awards ceremony marking the occasion.

Christopher Clements, the president of The Wings like Eagles Foundation, presenting a check to Toni Massaro

 

Constitution Day Program Engages Students, Scholars

On September 17, 2009, the Rehnquist Center hosted its annual program marking Constitution Day.  This year's panelists included Gregory G. Garre, who served as the 44th Solicitor General of the United States and clerked for Chief Justice Rehnquist during the October 1992 Term.  Mr. Garre was joined by Arizona Supreme Court Justice W. Scott Bales and Associate Professor David Marcus of the James E. Rogers College of Law.  Rehnquist Center Director Sally Rider moderated the discussion.

After Professor Marcus gave his usual lively and entertaining summary of each case, the panelists discussed their meaning and importance.  Mr. Garre was able to offer particular insights because he had argued for the United States in two of the cases discussed by the panel – Ashcroft v. Iqbal and FCC v. Fox.

The free public presentation was held in conjunction with a nationwide commemoration of Constitution Day, an annual event which is held in schools and communities across the country celebrating the day in 1787 that the United States Constitution was approved by the state delegations to the Constitutional Convention and signed by thirty-nine of its framers.  The event was sponsored by the Center with the support of Tucson’s Marshall Foundation.

	Cases discussed this year: Ashcroft v. Iqbal (Rules of pleading) Caperton v. Massey (State judicial campaign contributions and due process) Arizona v. Gant (Warrantless search of car incident to arrest) FCC v. Fox (Fleeting expletives)
For more information about the program, click here.

 

National Dialogue on Judicial Independence Continues

In September 2009, the Center helped organize the sixth in a series of regional conferences on judicial independence and selection of state court judges.  Justice Sandra Day O'Connor was the keynote speaker at the conference, held at the Seattle University School of Law.

Leaders from the local business and legal communities gathered with judges from around the country to discuss judicial impartiality, independence, accountability, and judicial selection. The purpose of the conference was to provide an opportunity to explore methods of judicial selection in light of the increasingly expensive and bitter campaigns for state judicial elections.  It was particularly timely because of the Supreme Court's recent decision in Caperton v. Massey, where the Court held that judicial campaign contributions can in "extraordinary" cases require a judge's recusal from a case involving a campaign contributor.

The other conferences in this series were held in Dallas, Chicago, Atlanta, New York, and Tucson.

In October 2009, Tucson’s Marshall Foundation generously provided a $6,000 grant to the Center in support of its Constitution Day program. The Marshall Foundation is one of Tucson’s most significant philanthropic organizations, with a long history of giving to the University of Arizona and the College of Law. The Foundation also gives to organizations involved in health and youth service projects.

 

International Exchange Work Continues

In early December 2009, Center Director Sally Rider traveled to Moscow as part of a delegation sponsored by the U.S. Russia Foundation for Economic Advancement and the Rule of Law.  The Foundation is a successor to the U.S. Russia Investment Fund, which was established by the United States in 1995 to promote growth of the Russian private sector.  The Foundation works with Russian partners to promote entrepreneurship and the rule of law, training and education, and initiatives that further economic development.  Rider serves on the Foundation's Rule of Law Advisory Board.

Justices Scalia and Breyer Headline 2009 First Monday Program

While in Tucson, Justice Scalia and Justice Breyer participated in the Center's First Monday Program promoting constitutional literacy for high school students.  Each Justice met with approximately 100 students studying government.  Justice Scalia met with students at Salpointe Catholic High School; Justice Breyer met with students at Amphitheater High School. They spoke about how the Supreme Court works and answered student questions regarding the Court and the role of the Judicial Branch. The visits followed a special course about the role of the courts taught by Rehnquist Center Director Sally Rider earlier in the month.

The First Monday Program enlists volunteer attorneys and judges to visit local high schools throughout Arizona to educate students about the role of the courts in our system of government.  The Rehnquist Center Board initiated the program to serve as a nationwide model for secondary education about the judiciary.  It was launched last February when Chief Justice John G. Roberts, Jr., spoke to students at Tucson High School.

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