CONGRESSIONAL RECORD— Extensions of Remarks E865 HON. SHEILA JACKSON

Total Page:16

File Type:pdf, Size:1020Kb

CONGRESSIONAL RECORD— Extensions of Remarks E865 HON. SHEILA JACKSON September 21, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E865 Fairness Act. I had intended to vote ‘‘no’’ on ner at his family home and asked the female every respect, that they could have successful roll call vote 194, against the Motion to law students, including Ginsburg, ‘‘Why are careers and also could, if they chose, be de- Recommit. you at Harvard Law School, taking the place voted wives or mothers, thereby breaking bar- f of a man?’’ riers for generations of women to follow in her When her husband took a job in New York footsteps. IN REMEMBRANCE OF THE HONOR- City, Ruth Bader Ginsburg transferred to Co- In fact, many of Ginsburg’s opinions helped ABLE RUTH BADER GINSBURG, lumbia Law School and became the first solidify the constitutional protections she had THE ‘NOTORIOUS RBG,’ ASSO- woman to be on two major law reviews: Har- fought so hard to establish decades earlier. CIATE JUSTICE OF THE SU- vard Law Review and Columbia Law Review. While we commemorate Justice Ginsburg’s PREME COURT, FEMINIST ICON In 1959, she earned her law degree at Co- work for advancing the women’s movement AND TRAILBLAZER, INSPIRATION lumbia and tied for first in her class but de- both as a Justice and as a lawyer, all are in TO MILLIONS, TIRELESS CHAM- spite these enviable credentials and distin- her debt who cherish the progress made in PION FOR JUSTICE AND FIERCE guished record of excellence, no law firm in the areas of LGBTQ+ equality, immigration re- DEFENDER OF THE CONSTITU- New York City would hire as a lawyer because form, environmental justice, voting rights, pro- TION she was a woman. tections for people with disabilities, and so Ruth Bader Ginsburg became a crusader for much more. HON. SHEILA JACKSON LEE women’s rights and an unstoppable force who Throughout her life, Ruth Bader Ginsburg OF TEXAS transformed the law and defied social conven- worked to make the law work so that America IN THE HOUSE OF REPRESENTATIVES tion. would be more just, equitable, fairer, and bet- Ruth Bader Ginsburg, later affectionately Monday, September 21, 2020 ter for all. known as the ‘Notorious RBG,’ was as instru- Whether it be in her legendary dissenting Ms. JACKSON LEE. Madam Speaker, as a mental and historically significant to the cause opinions or as leader when in the majority, senior member of the House of Representa- of women’s rights as was Thurgood Marshall Justice Ginsburg continued to advocate for the tives and the Committee on the Judiciary, as to the cause of civil rights for African Ameri- marginalized and most vulnerable. a direct beneficiary of her advancement of cans. In recent years, she may not have been women’s rights, and as a longtime admirer of As a young lawyer and Director of the able to control the outcome of the rulings, but her vigorous defense of the constitution, I am Women’s Rights Project of the American Civil she grew bolder in her dissents, often stating honored but heartbroken to pay tribute to an Liberties Union, Ruth Bader Ginsburg litigated what should have been the outcome. American hero, a feminist icon, and role model six landmark cases before the Supreme Court, Throughout her tenure on the bench, Ruth to millions, Supreme Court Justice Ruth Bader winning five out of the six cases. Bader Ginsburg displayed her rigorous and in- Like Justice Marshall, Ruth Bader Gins- Ginsburg, who died last Friday, September 18, cisive legal mind and employed her formidable burg’s uncanny strategic instincts and careful 2020 at the age of 87 years old. skills as a consensus builder, but she could be Today, tomorrow, and forever, the American selection of cases were vital in her persuasion tough and forceful when the moment de- people mourn the loss of a true titan, an of the all-male Supreme Court to start disman- manded. American legend, and an inspiration. tling the legal institution of sex discrimination Nothing illustrates this better than her fa- Our thoughts and prayers are with Ruth’s one case at a time. mous dissent in Shelby County v. Holder, in family, friends, and loved ones. In 1975, Ruth Bader Ginsburg litigated and Ruth Bader Ginsburg dedicated her life to won Weinberger v. Wiesenfeld, which would which the 5–to–4 majority negated the Voting defending the Constitution and protecting the become a landmark case in antidiscrimination Rights Act of 1965 by invalidating section 4 of sanctity of America’s democratic ideals, and jurisprudence. the law, which neutralized section 5, the provi- we will forever be indebted to her service to In this case, the widower had been denied sion of the act that required jurisdictions with this country. survivor benefits, which would allow him to a history of racial and ethnic discrimination in Joan Ruth Bader, fondly nicknamed Kiki, stay at home and raise his son, based on a voting to obtain preclearance from the federal was born on March 15, 1933 to an immigrant Social Security provision that assumed only government before any changes in voting pro- family and grew up in Brooklyn’s Flatbush women were secondary providers with unim- cedures, from polling stations to voter photo neighborhood. portant incomes. IDs could go into effect. Ruth Bader Ginsburg often spoke of her While some questioned Ginsburg’s choice to It was in her scathing dissent Justice Gins- mother’s large ambitions for her, and how the challenge instances of sex discrimination by burg stated, ‘‘Hubris is a fit word for today’s devastating loss of her mother’s death at an representing a male plaintiff, Ruth Bader Gins- demolition of the VRA’’ and that the majority’s early age instilled in her the determination to burg saw it as an opportunity to show the logic was akin to ‘‘throwing away your um- live a life that her mother would have been court that childcare was not a sex-determined brella in a rainstorm because you are not get- proud of. role to be performed only by women. ting wet.’’ And so, she did. As with many of her cases, her goal was to Unlike the others, Justice Ginsburg was Ruth Bader attended Cornell University free both sexes, men as well as women, from able to see the ramifications of the ruling and where she met Martin D. Ginsburg, her future the roles that society had assigned them and its allowances for reinvigorated efforts of voter husband and love of her life to whom she was to harness the Constitution to break down the suppression. married for 54 years. structures by which the state maintained and Today, I join millions of individuals who are In 1954, at the age of 21, Ruth Bader grad- enforced those separate spheres. mourning the loss of this legal giant, feminist, uated Phi Beta Kappa from Cornell with a As Ruth Bader Ginsburg continued to chal- and trailblazer. Bachelor of Arts degree in Government on lenge the stereotypical assumptions of what Justice Ginsburg loved this country, so June 23, 1954 and was the highest-ranking fe- was considered to be women’s work and much so that she served the nation while en- male student in her graduating class. men’s work, she was able to persuade the during illnesses and undergoing treatments A month after graduating from Cornell, Ruth Court and the nation that discriminating on the that would have incapacitated lesser mortals. and Martin were married and moved to Fort basis of sex was not only wrong but violative She inspired generations of women then Sill, Oklahoma, where Martin was stationed as of the 14th Amendment of the Constitution, and now to shatter glass ceilings, and her leg- a Reserve Officers’ Training Corps officer in which guarantees equal protection to all citi- acy will inspire new generations of women in the U.S. Army Reserve after his call-up to ac- zens under the law. the years to come. tive duty. As the courts began to recognize the chang- As the news of her passing continues to re- To help support the family, Ruth Bader ing roles of men and women, Ruth Bader verberate across the country and around the Ginsburg worked for the Social Security Ad- Ginsburg was able to advance gender equality world, it is important that we remember and ministration office in Oklahoma, where she with the understanding that women are capa- honor what she stood for and continue fighting was demoted after becoming pregnant with ble of being heads of households or sole pro- to realize the goal of equal justice under law. her first child, Jane, who was born in 1955. viders for their family. I ask the House to observe a moment of si- In the fall of 1956, Ruth Bader Ginsburg en- In 1993, President Bill Clinton appointed lence to honor the memory of Supreme Court rolled at Harvard Law School, where she was Ruth Bader Ginsburg to the Supreme Court, Justice Ruth Bader Ginsburg, the ‘Notorious one of only 9 women in a class of about 500 making her the second woman to fill this posi- RBG,’ one the greatest jurists in our nation’s men. tion. history, a tireless and unyielding champion for Harvard Law Dean Erwin Griswold report- This historic appointment further symbolized equal justice, and a fierce defender of the edly invited all the female law students to din- the principle that women were equal to men in Constitution. VerDate Sep 11 2014 08:32 Sep 22, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A21SE8.009 E21SEPT1 dlhill on DSK120RN23PROD with REMARKS E866 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 2020 SENATE COMMITTEE MEETINGS Committee on the Judiciary 10 a.m.
Recommended publications
  • Justice Ruth Bader Ginsburg
    VOLUME 134 JANUARY 2021 NUMBER 3 © 2021 by The Harvard Law Review Association MEMORIAM: JUSTICE RUTH BADER GINSBURG The editors of the Harvard Law Review respectfully offer this collec- tion of tributes to Justice Ruth Bader Ginsburg. Brenda Feigen∗ Ruth Bader Ginsburg changed all our lives by profoundly influenc- ing the law that had encouraged sex discrimination in the United States for centuries. I am writing now in tribute to her. In the nineteenth century, the Supreme Court ruled that women had neither the right to practice law1 nor the right to vote.2 In the mid- twentieth century, the Court approved “beneficial” practices by states making women’s service on juries optional3 and approved Michigan’s law preventing women from working in bars unless a male relative was present when they were working.4 In 1970, while some of us were joining the call of the women’s liber- ation movement to march in protest of outrageous sex discrimination, Ruth and her husband Marty, a tax lawyer, decided to represent Charles Moritz, who lived alone with his elderly mother and had tried to obtain a tax deduction for wages paid to her caregiver.5 The Tax Court had said that type of deduction was available only “to a woman, a widower ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ J.D. 1969, Harvard Law School. Ms. Feigen directed the ACLU’s Women’s Rights Project with then-Professor Ruth Bader Ginsburg. She was National Vice President for Legislation of NOW and a cofounder of the National Women’s Political Caucus and of Ms. Magazine. She au- thored Not One of the Boys: Living Life as a Feminist (2000), republished in electronic format twenty years later with a new edition forthcoming.
    [Show full text]
  • In Search of the Solicitor Generalâ•Žs Clients
    LECTURE In Search of the Solicitor General's Clients: A Drama with Many Characters* By DREW S. DAYS m** I want, first, to express my sincerest appreciation for the invitation to deliver the Ninth Judge Mac Swinford Lecture at the University of Kentucky College ofLaw. It is a pleasure for me to get out ofWashing­ ton for a change - to begin with, to remind myself of what life is like "outside ofthe Beltway." I also saw this as an opportunity to see friends here at the law school whom I can no longer plan on encountering each year at the annual meeting ofthe Association ofAmerican Law Schools, since I am on leave from my law faculty. But, most importantly, there is a certain "rightness," I think, in being here as the Fortieth Solicitor General, since the first person to occupy my position was Benjamin H. Bristow, a Kentuckian.1 Benjamin H. Bristow, the first Solicitor General ofthe United States, was one of the leading lawyers of his generation. A Kentuckian, he served as a colonel during the Civil War. He later became United States Attomey for the District of Kentucky, where he was renowned for his vigor in enforcing the federal Civil Rights Acts.2 Before becoming Solicitor General in 1870, he practiced law with his fellow Kentuckian and future Supreme Court Justice, the first John Marshall Harlan.3 • This is an edited and embellished version ofthe Ninth Judge Mac Swinford Lecture, delivered at the University ofKentucky College ofLaw on November 10, 1994. •• Solicitor General of the United States. 1 BIOGRAPIDCAL DIRECTORY OF THE UNITED STAlES ExEcunvE BRANCH, 1774­ 1971, at 35-36 (Robert Sobel ed, 1971).
    [Show full text]
  • VI. Justice Ruth Bader Ginsburg (W1955832.DOC;1)
    Remarks of U.S. Senior Circuit Judge Frank M. Coffin Introducing The Honorable Ruth Bader Ginsburg The Eighth Coffin Lecture on Law and Public Service Portland, Maine, November 22, 1999 In the year 1872, the United States Supreme Court considered a case from Illinois. One Myra Bradwell had made so bold as to apply for a license to practice law, having passed all examinations. The Illinois Supreme Court had turned her down, reasoning that the state legislature had recognized "the axiomatic truth" that God had charged only men "to make, apply, and execute the laws." The Supreme court deferred to that view, but Justice Bradley went further. He opined that not only the civil law over the centuries but "nature herself" decreed that "the natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life." Strangely, the Chief Justice, Salmon Chase, dissented but did not favor us with his reasoning. Almost exactly 100 years later, in 1971, Ruth Bader Ginsburg founded the American Civil Liberties Union's Women's Rights Project, and in 1972 became the first tenured female professor at Columbia Law School, where she taught a seminar in conjunction with the Project. She went on to argue in the Supreme Court six key gender rights cases in the following decade, winning six of them. She filed amicus briefs in 15 other cases. In 1985, Erwin Griswold, long time Dean of Harvard Law School and former Solicitor General, speaking on the occasion of the 50th anniversary of the Supreme Court building, singled out as leading public issue advocates before the Court Thurgood Marshall and Ruth Bader Ginsburg.
    [Show full text]
  • Ruth Bader Ginsburg: Her Career and Contributions Before She Became Known As “The Notorious RBG” and the Great Dissenter
    Ruth Bader Ginsburg: Her Career and Contributions Before She Became Known as “the Notorious RBG” and the Great Dissenter Ruth Bader Ginsburg in the early 1970’s as an ACLU Lawyer and Law Professor 1950-54: Attends Cornell University, graduates in 1954. Met Martin Ginsburg, a sophomore, on a blind date in the fall of her freshman year; they were married 10 days after her college graduation. She said that Marty was the first man she had ever met who cared that she had a brain. 1954-56: Accompanies Marty to Fort Sill, Oklahoma, where he fulfills military ROTC commitment; she worked as a claims examiner for the Social Security Administration, and had their first child, Jane. She was demoted and her pay cut when she became pregnant; she considered herself fortunate that she wasn’t terminated, because that was usually what happened to women at that time. 1956: enters Harvard Law School, joining Marty. She is 1 of only 9 women students in class of 500 – and she has a one year old child. She was selected to the Harvard Law Review and was near or at the top of her class. 1958: Marty graduates from HLS, and accepts job with major NYC law firm. Ruth asks permission from Harvard to complete her third year in law school at Columbia as visiting student and still receive her degree from Harvard. Harvard Law Dean Erwin Griswold denies this request even though it had been granted to male students in the past. So Ruth enters Columbia as a third year transfer student (1 of 12 women in her class); elected to Columbia Law Review.
    [Show full text]
  • Hlsa Connector The
    Page 4 THE HLSA CONNECTOR THE Advocate belief that government can help? from page 1 Shure also asked Chen about the Perfect Together HLSA CONNECTOR people do so is a belief that government unusual role of the department: The Public cannot help. Public attitudes towards Advocate, he noted, is the only cabinet On September 27, half a dozen HLSA-NJ Newsletter of the Harvard Law School Association of New Jersey government have changed in recent member who is not appointed to do what members traveled to Cambridge to serve decades, Shure noted. When the Public the governor tells him to do. In light of on a panel encouraging current students to Volume 3, Issue 1 Fall/WinterWinter 20072013 Advocate was first created, many believed this, and in light of the Public Advocate’s pursue legal careers in New Jersey. government potential role as a The panel, scheduled to coincide with would be able plaintiff in suits Still “Government Under Glass”? the beginning of the fall recruiting season, Letter From The President to help solve against other will include the Honorable Jack M. Chen Maps Public Advocate’s New Course TED WELLS WILL BE 51ST some of the departments, he Sabatino ’82, J.A.D.; Amy Winkel- more pressing social and economic issues of asked Chen what he hears from and how By Stephen Herbes ’01 past year, I canone attest reason that itpeople is no exaggeration may do VAtechnologyNDER BandIL ethics.T L ETheCT UprogramRER was man ’87, Criminal Chief in the Office of Ronald K. Chen, the New the day, but now, many people no longer he relates to other cabinet members.
    [Show full text]
  • The Solicitor General and His Client
    Washington University Law Review Volume 59 Issue 1 January 1981 The Solicitor General and His Client Wade H. McCree Jr. United States Solicitor General Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Recommended Citation Wade H. McCree Jr., The Solicitor General and His Client, 59 WASH. U. L. Q. 337 (1981). Available at: https://openscholarship.wustl.edu/law_lawreview/vol59/iss1/20 This Tyrell Williams Memorial Lecture is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE TYRRELL WILLIAMS MEMORIAL LECTURE Tyrrell Williams served as an outstanding member of the Washington University School of Law faculty from 1913 to 1946. The family and friends of Tyrrell Williams established a lecture series in his honor in 1948. The Lectureship hasprovidedprominentjudges,legal scholars, and practitionerswith an opportunity to explore issues of the greatest sign~fi- cance to the legal community. The Honorable Wade H. McCree, Jr., distinguishedjurist andpublic servant, delivered the Tyrrell Williams Memorial Lecture on March 18, 1981, on the campus of Washington University in St. Louis, Missouri THE SOLICITOR GENERAL AND HIS CLIENT WADE H. McCREE, JR.* I. INTRODUCTION It is a great pleasure to be with you today at Washington University, and to participate in this distinguished lecture series. As Mr. Donohue has explained to me, one of the purposes of the Tyrrell Williams lec- tures is to explore the process by which our legal system converts its general goals-such as preserving public order and promoting the wel- fare of the people-into concrete reality.
    [Show full text]
  • April 2009 4 Howell Jackson ’82 Is Appointed Acting Dean of Harvard Law School
    april 2009 4 Howell Jackson ’82 is appointed acting dean of Harvard Law School. Congressional Oversight Panel Salute to a general Chairwoman Elizabeth Dean Kagan becomes U.S. solicitor general Warren testify- ing before the Senate Finance On March 19, 2009, Dean Committee on Elena Kagan ’86 was Capitol Hill in March confirmed by the United States Senate as the 45th solicitor general of the United States—and the first woman solicitor “To lead the Solicitor GETTY IMAGES general in U.S. history. General’s President Barack Obama ’91 Office is the Warren overseeing Treasury’s honor of a nominated Kagan in early January, lifetime.” economic bailout plan and on Feb. 10 the Senate Judiciary —ELENA KAGAN ’86 Committee held a hearing to consider DOOHER KATHLEEN n November, Harvard Law The panel, charged with examining her nomination. integrity. That is due, in large measure, ISchool Professor Elizabeth Warren the Treasury Department’s plans for In her opening statement to the to the people who have led it.” was appointed to a five-member the $700 billion economic bailout committee in February, Kagan said, Kagan served in the White House Congressional Oversight Panel to package, known as the Troubled “To have the opportunity to lead the during the Clinton administration, first monitor the Treasury’s economic Asset Relief Program, has issued five Solicitor General’s Office is the honor as associate counsel to the president rescue plan. Warren was one of three reports on the effectiveness of the of a lifetime. As you know, this is an (1995-96) and then as deputy assistant experts nominated to the bipartisan regulatory structure now governing office with a long and rich tradition, not to the president for domestic policy and panel by House Speaker Nancy Pelosi the country’s financial system.
    [Show full text]
  • Congressional Record—Senate S6803
    August 5, 2010 CONGRESSIONAL RECORD — SENATE S6803 judges who have actually presided over the Mr. CARDIN. Mr. President, I rise ment to satisfy the claims filed by de- 14–year history of this case. today to talk about the Pigford II set- serving claimants denied participation Mr. BARRASSO. So there are issues tlement pending full action by the U.S. in the original settlement because of of policy dealing with transparency, Senate. timeliness issues. dealing with the production of records We all know that farming is a dif- After years of litigation and negotia- by the attorneys who are involved in ficult occupation. The hours are long, tion between the Department of Jus- this. When you read one of these edi- the weather is unpredictable, and the tice, which represented the USDA, and torials, the one in today’s Hill, ‘‘Un- challenge of competing in a global lawyers for the farmers, a settlement conscionable Cobell,’’ written by a law marketplace is intense. Tens of thou- was finally reached in February 2010. professor at the University of Wis- sands of Black farmers have had to face The Pigford II settlement agreement consin-Madison: all those normal challenges. Trag- will provide $1.25 billion, which is con- Number of published court opinions in the ically, they have also had to deal with tingent on appropriation by Congress, case: 80-plus a challenge that was unique to them to African-American farmers who can Amount awarded to plaintiffs by courts at based solely on race. The U.S. Depart- show they suffered racial discrimina- present: $0 ment of Agriculture, USDA, was dis- tion in USDA farm loan programs.
    [Show full text]
  • Cite Unseen: How Neutral Citation and America's Law Schools Can
    Syracuse University SURFACE College of Law - Faculty Scholarship College of Law April 2007 Cite Unseen: How Neutral Citation And America's Law Schools Can Cure Our Strange Devotion To Bibliographical Orthodoxy And The Constriction Of Open And Equal Access To The Law Ian Gallacher Syracuse University College of Law, [email protected] Follow this and additional works at: https://surface.syr.edu/lawpub Part of the Law Commons Recommended Citation Gallacher, Ian, "Cite Unseen: How Neutral Citation And America's Law Schools Can Cure Our Strange Devotion To Bibliographical Orthodoxy And The Constriction Of Open And Equal Access To The Law" (2007). College of Law - Faculty Scholarship. 2. https://surface.syr.edu/lawpub/2 This Article is brought to you for free and open access by the College of Law at SURFACE. It has been accepted for inclusion in College of Law - Faculty Scholarship by an authorized administrator of SURFACE. For more information, please contact [email protected]. CITE UNSEEN: HOW NEUTRAL CITATION AND AMERICA’S LAW SCHOOLS CAN CURE OUR STRANGE DEVOTION TO BIBLIOGRAPHICAL ORTHODOXY AND THE CONSTRICTION OF OPEN AND EQUAL ACCESS TO THE LAW Ian Gallacher* I. Introduction There can be fewer subjects less inviting, on their face, than a discussion of legal bibliographical practice. Citation itself is neither scholarship nor analysis but is the mere act of recording a supporting source’s location;1 the quintessence of form, with no intrinsic substance at all. It is the recorded source that matters, one would think, not its citation. And yet citation plays a much more important role in the American legal system2 than this modest description might lead one to believe.3 Competence in legal * Assistant Professor of Law, Syracuse University College of Law.
    [Show full text]
  • Solicitor General Control Over Independent Agency Litigation
    California Law Review VOL. 82 MARCH 1994 No. 2 Copyright © 1994 by California Law Review, Inc. Unitariness and Independence: Solicitor General Control over Independent Agency Litigation Neal Devinst With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, andprovides the Court with a trustworthy litiga- tor to explicate the government'sposition. On the other hand, such control may undermine the autonomy of independent agency decisionmaking. In this Article, the author argues for a hybrid model of independent agency litigation in the Supreme Court: so long as there are independent agencies, Congress should allow independent agency self-representation whenever the Solicitor General is unwilling to advocate the agency's interests. Thus, when disagreements between the Solicitor General and an independent agency are irreconcilable,the independent agency should be allowed to go its own way. The author concludes by connecting the issue of Solicitor General-independentagency relations to the largerdebate over the unitary executive, arguing that the unitary executive is the only theory which sup- ports Solicitor General control of independent agency litigation. In other Copyright 0 1994 California Law Review, Inc. t Professor of Law, Lecturer in Government, College of William and Mary. B.A. 1978, Georgetown University; J.D. 1982, Vanderbilt Law School. Thanks to Dawn Darkes, Brook Edinger, and Wendy Watson for research assistance; to those current and former government officials who shared their time and insights with me; and to participants at an Emory Law School faculty workshop, participants at the Executive Branch Interpretation Symposium at the Benjamin N.
    [Show full text]
  • The Constitution on Trial: Article III's Jury Trial Provision, Originalism, and the Problem of Motivated Reasoning, 52 Santa Clara L
    Santa Clara Law Review Volume 52 | Number 2 Article 2 1-1-2012 The onsC titution on Trial: Article III's Jury Trial Provision, Originalism, and the Problem of Motivated Reasoning Stephen A. Siegel Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Stephen A. Siegel, The Constitution on Trial: Article III's Jury Trial Provision, Originalism, and the Problem of Motivated Reasoning, 52 Santa Clara L. Rev. 373 (2012). Available at: http://digitalcommons.law.scu.edu/lawreview/vol52/iss2/2 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. 31550_scl_52-2 Sheet No. 48 Side A 04/16/2012 17:10:32 2_SIEGEL FINAL.DOC 3/14/2012 2:57:38 PM THE CONSTITUTION ON TRIAL: ARTICLE III’S JURY TRIAL PROVISION, ORIGINALISM, AND THE PROBLEM OF MOTIVATED REASONING Stephen A. Siegel* TABLE OF CONTENTS Introduction I. Article III’s Jury Trial Mandate from the Founding to 1900: The No-Waiver Rule Established and Respected A. The Constitution’s Text B. Common Law Tradition C. Federal Practice and Supreme Court Precedent D. Nineteenth-Century Constitutional Theory: Jury Trial as a Public Right II. Dissenting Voices in the Early-Twentieth Century III. The Overthrow of Article III’s Jury Trial Mandate and the No-Waiver Rule in 1930 A. The Patton Decision 1.
    [Show full text]
  • Archibald Cox Session #2 Interviewer
    TTT Interviewee: Archibald Cox Session #2 Interviewer: Thomas Hilbink Brooksville, Maine June 20, 2000 Q: This is Thomas Hilbink, with Professor Archibald Cox on June 20, of the year 2000, in Brooksville, Maine, for the Supreme Court Historical Society project on the Office of Solicitor General. So yesterday you had been talking about your clerkship with Judge Hand, and the quote I guess you were trying to recall, you quote in your book, The Court and the Constitution, as, “He must preserve his authority by cloaking himself in the majesty of an overshadowing past, but he must discover some composition with the dominant needs of his time.” Cox: Yes, I think that states -- he was writing of Cardozo, but I think that it states his own philosophy to the extent one can reduce it to a single sentence, and one with which I became imbued with under his influence. Q: After I read that last night, the question that came to my mind was, you had talked about how he said to you, “Sonny, to whom am I responsible?” Cox: Yes. Cox -- 2 -- 117 Q: And I was wondering, when you were Solicitor General if you were to ask one of the people working for you, "To whom am I responsible?" what would your answer have been to your own question. Cox: Well, I would probably have -- during the later years of my four and a half years I would surely have responded in terms of the obligations, divided obligations, to the President as head of the executive branch, on the one hand, and to the Court, the law, on the other.
    [Show full text]