Dean's Address

Congress disagreed with the Court's interpretation and so it undertook the amendment of the Voting Rights Act. The 1982 Amendments were especially critical in that they reflect Congressional intent that either a showing of discriminatory intent or discriminatory impact would meet the burden of proof. Since the Justice Department has an integral role in the enforcement of this Act, it is of some concern that Solicitor General Fried has consistently urged a narrow interpretation of the 1982 Amendments which were clearly intended to make effective the Voting Rights Act and grant to litigants the ability to sustain an achievable burden of proof. If we are to look out for the interests of the downtrodden we must pay particular attention to these and other legislative acts as well as the Executive's enforcement of them. For these two branches have the power to influence the fate of our constitutional rights as much as does the judiciary.

On September 17, 1987 we will celebrate the 200th anniversary of the United States Constitution. This is an accolade to those who wrote it. It is a tribute to their foresight in having written a document which could govern us in a world they could hardly have imagined their young country would become. For, as justice Brennan has said, the genius of the Constitution rests not in any static meaning it may have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs. Had it been written to contain all the answers, the Constitution would only have contained answers which the brightest of 19th century men could think to ask.

The very fact that it speaks to broad principles of federalism from which we extrapolate to discover the answers to our modern questions is the key to its longevity. The Constitution is the essence, the framework, our guide. It is important to remember that the independence of the courts from improper political influence is a sacred principle. Judicial power must not be allowed to be abused by political manipulation.

The only way to forestall the potential erosion of individual liberties is for us of the Bar to remain vigilant. It is important that we be sensitive to these issues politically, and that we continue to aid in the battle against discrimination by bringing test cases in the lower courts. It is our duty as advocates to stand up and be counted as protectors of the rights of individuals. For, as justice Brennan has so eloquently said:

If we are to be as a shining city upon a hill, it will be because of our ceaseless pursuit of the Constitutional ideal of human dignity.¹⁹

FOOTNOTES

1 Chambers v. Florida, 309 U.S. 227, 241 (1940).

2 Marbury v. Madison, 5 U.S. (I Cranch) 137 (1803).

3 Address by Justice William Brennan, Jr., at Georgetown University (Oct. 12, 1985) reprinted in Taylor, Brennan Opposes Legal View Urged by Administration, N.Y. Times (Oct. 12, 1985).

4 “ judicial Restraint" Sought by Reagan, Chi. D. L. Bull. (Oct. 21, 198 5).

5 Brennan Address, supra.

6 Address by justice John Paul Stevens to Chicago Federal Bar Association (Oct. 23, 1985) as reported in Justice Stevens says Meese Errs on Constitutional Views, N.Y. Times (Oct. 26, 1985).

7 Nowak, Resurrecting Realist Jurisprudence: The Political Bias of Burger Court justices, 17 Suffolk U.L. Rev. 549 (1983).

8 Brennan Address, supra.

9 United States v. Carolene Products Co., 304 U.S. 144, n.4 (1938).

10 Address by Robert Bennet reprinted in Attacks on judical Activism Called Simplistic, Chi. D. L. Bull. (Oct. 23, 1985).

11 Address by justice Harry Blackmun to the Cosmos Club in Washington, D.C. as reported in Blackmun Criticizes Top Court Colleagues, Chi. D. L. Bull. (Sept. 20, 1984).

12 Grove City College v. Bell, 465 U.S. 555 (1984).

13 Firefighters Local No. 1784 v. Stotts, 52 U.S.L.W. 4767 (1984).

14 Local No. 93, International Association of Firefighters v. City of Cleveland, 753 F.2d 479 (6th Cir. 1985) cert. granted 54 U.S.L.W. 3573 (U.S. Mar. 4, 1986) (No. 84‑1999).

15 Local 28, Sheet Metal Workers v. EEOC, 753 F. 2d 1172 (2d Cir. 1985) cert. granted 54 U.S.L.W. 3573 (U.S. Mar. 4, 1986) (No. 84‑1656).

16 Wygant v.Jackson Board of Education, 746 F.2d 1152 (6th Cir. 1984) cert. granted 53 U.S.L.W. 3739 (U.S. Apr. 4, 1985) (No. 84‑1340).

17 Karst, A Discrimination So Trivial, 35 Ohio St. L.J. 546, 550‑51.

18 City of Mobile v. Bolden, 446 U.S. 55 (1980).

19 Brennan Address, supra.

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