Friday, February 08, 2008

Obama and the Law.

I just read this piece on Slate and Obama's view of constitutional law. It's quite short, so those of you with an interest in Constitutional law may just want to glance over it.

Here's one paragraph, which struck me as incredible because Tribe, Minow, Katyal, and Sunstein are friggin' GIANTS of Constitutional law, practice, and the Supreme Court.

As Harvard law professor Martha Minow puts it, "He has at his fingertips the whole historical context of the moments in which our Constitution has been stretched, or has been in jeopardy, and when presidents have tried to bring it back. This isn't an afterthought for him: 'Oh, I'll go consult my lawyers.' "

For Minow, this was driven home by an exercise in speechwriting. She and fellow Harvard law professor Laurence Tribe, Georgetown law professor Neal Katyal, and University of Chicago law professor Cass Sunstein were supposed to work up a draft of a big speech for Obama about law and democracy. The four of them—titans, all—labored over multiple drafts, which they sent back and forth among themselves. Then they and other law professors arrived at Obama's office. After apologizing because he hadn't reviewed their version, he reeled off four points he thought the speech should make. And Minow says they were better than what her quartet had come up with—not just more politically resonant but better conceived.
That's awesome.

Oh, and I got a haircut. (sigh....)

3 comments:

Anonymous said...

This is one of the major reasons I am supporting Obama. We need to restore constitutional law because it has been seriously eroded under Bush.

DA

Anonymous said...

DA,
Wait - we need to restore constitutional law by reading things into the constitution that aren't there, like a right to privacy mentioned in the article? Restoring constitutional law means restoring the primacy of the words of the constitution and not its "penumbras". Obama's view of restoring constitutional law means adding members to the judiciary who read things into the constitution that simply aren't there. And that seems to be a contradiction.

RS

ADM said...

RS,

I think you are being entirely disingenuous and intentionally ignoring the point. There is MUCH more to constitutional law than Roe. And there has been far more damage done to the Constitutional structure and the functioning of American government by this administration than by the questionable creation of a single individual right. Obama at least has a sweeping and deep knowledge of the Constitution. Bush wants to do something, and asks his lawyers to get him there no matter the cost.

And what happened to posting comments like "I'm a stupid joo." What's with the constant rants?