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Grace and law: Judge speaks on critics of Constitution
Law students say they appreciate hearing different views on Constitutional issues from 10th circuit judge.
By: Karen Marcus
Posted: 10/19/07
It’s commonplace to hear people throw around the word “unconstitutional” when describing law and politics. But what if someone was against the Constitution being
ratified?
That’s just what 10th District Court of Appeals Judge Michael W. McConnell spoke to USC students and faculty about Thursday afternoon when he described orator and founding father Patrick Henry as a “graceful loser” because of his opposition to the Constitution.
Students and faculty attended the talk, part of the USC Roth Lecture Series, which was sponsored by the Gould School of Law.
McConnell said Henry feared that America would become a militaristic empire and that his nightmare has become a reality today. Even though Henry’s opposition to the Constitution was ignored at the time of its creation and ratification, McConnell said he believed Henry was a graceful loser, who adapted to the ratification of the Constitution, by creating the Bill of Rights. McConnell said the American public needs more graceful losers and less political parties undermining each other’s efforts.
“They need some Patrick Henry over in Iraq,” McConnell said, referencing how the art of graceful loss no longer applies today and that hot button Constitutional issues in the last few years have been centered around executive power and national security.
McConnell took an interest in law as an undergraduate in college and practiced law after earning his law degree. in 1979. Before becoming a judge, McConnell taught at the university level as a Constitutional law professor and argued 11 cases before the Supreme Court. In 2000, he was eyed as a potential nominee for the Supreme Court by George W. Bush, and in 2002 was sworn in as a 10th circuit appellate judge, where he has been for almost five years and he teaches at the university level.
Both students and faculty see McConnell as a conservative, but one who puts a lot of thought into decision making.
“He’s one of the preeminent conservative scholars on the Constitution,” said political science professor John Barnes. “He’s a much more thoughtful conservative, but as a conservative. I think he believes in a lot more limited role of the state.”
Students said McConnell’s ideas presented a refreshing angle they had never been considered before.
“I respected his alternative viewpoint,” first-year law student Allison Sanchez said. “I never really questioned the Constitution myself so it brought up a lot of points for me to consider – it’s more of a theoretical approach to how our political and legal institution has developed.”
While many of the law students in attendance were enlightened by the atypical viewpoint, some admitted they didn’t think a graceful loss was completely devoid from society.
“I think there are still graceful losers,” first-year law student Jessica Walker said. “I think the part about us moving away from that is not completely accurate. It was a lot more applicable to today than I would’ve expected.”
Students who devote time to Constitutional issues appreciated the step back that McConnell’s lecture allowed them to take.
“It made me as a law student step back from the rules that I’m learning and how they apply in this modern age and think more about the broad structure,” Sanchez said. “Consider that our nation could have taken a very different turn and a very early point and we could be in a very different place.”
© Copyright 2007 Daily Trojan
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