Author: Elizabeth Cutler
Over 100 years after it was originally adopted in Philadelphia, the United States Constitution celebrated its birthday on Oxy’s campus. On September 18, the day after Constitution Day is nationally recognized, students attended a panel presentation organized by the Occidental Chapter of Democracy Matters, a national non-partisan organization that seeks to promote democratic awareness and clean elections.
The panel featured Professors of Politics Roger Boesche and Caroline Heldman and Vice President for Legal Affairs and General Counsel Sandra Cooper. Each panelist spoke about a topic of his or her choice that related to contemporary interpretations of the Constitution.
Cooper focused on the issue of religion with regard to separation between church and state. She quoted Article 6 of the document, which states that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” Cooper articulated her apprehension about the current rise in religious fervor in the United States, referencing the Office of Faith-Based Initiatives in Washington, D.C., that-among other initiatives-promotes religious conversion to prison inmates.
Cooper said founding fathers such as James Madison and Thomas Jefferson vehemently opposed state-sanctioned religion. “I think they would be distressed,” she said, regarding how they might react to politics today.
Heldman discussed campaign finance reform. After defining terms such as soft money (the funneling of funds though organizations) and bundling (the act of collecting multiple individuals’ contributions and presenting it as a lump sum), Heldman expressed concern over the current “vacuum of power between citizens and government.”
Heldman discussed the power of the media in this issue, as well as the immense financial clout that allows corporations to enter the political arena. She referenced the hydraulic theory of campaign finance reform, saying, “It doesn’t matter what [legislation] you pass . . . water will be dripping somewhere.” She closed her portion of the panel by saying that focusing on campaign finance laws is a “band-aid measure for a deeper wound”-the real problems being citizens’ lack of knowledge of political issues and subsequent low participation rates.
Boesche primarily discussed three constitutional issues: the power to authorize war, habeas corpus and unwarranted searches and seizures. Boesche expressed concern with how the war with Iraq began. He said Congress has handed power to the Executive Branch, the members of which are acting knowing that “history will absolve them” for decisions like the one to invade Iraq.
In discussing habeas corpus-a writ requiring a person to be brought before a judge or court, used as a protection against illegal imprisonment-Boesche criticized the Patriot Act for “[giving the] President . . . power to declare people unlawful enemy combatants” and consequently suspend their rights as citizens. This topic connected to Boesche’s third point of interest, which was the “right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures . . . no Warrants shall issue, but upon probable cause,” as articulated in the Fourth Amendment.
Although the panelists discussed vastly different issues, all three seemed to agree that much of the original Constitution is “under attack” in U.S. society today. One student in the audience asked for the panelists’ thoughts on the best way to defend the document. Responses from the panel included grassroots power, pushing for a more transparent media (Cooper recommended the online news source mediamatters.org), and the general tenet that citizens need to stay educated and aware.
“[Constitution Day] reminds us to be active citizens and to fight to uphold the democratic principles outlined in our Constitution,” Jessica Snyder (junior), founding member of the campus chapter of Democracy Matters, said. “The more we are educated about the Constitution, the more we will be able to engage in the political process of our country.”
The campus chapter of Democracy Matters will be organizing a panel later in the semester that will address the question, “Can a multicultural democracy exist?”
To learn more about the national organization, visit www.democracymatters.org.
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