Constitution Day
‘A Republic If You Can Keep It’ – The American Constitution and the Judiciary in Hyper-Partisan Times
Sept. 15, 2017
Streaming between both locations
Room 104, Menard Building
Room 313, Idaho Law and Justice Learning Center
In 1787, when asked what the framers of the Constitution had created, Benjamin Franklin memorably replied, “A republic, if you can keep it.” The American republic was and is distinctive, encompassing not only representative government but also an independent judiciary. In 1940, writing for a unanimous U.S. Supreme Court in Chambers v. Florida, Justice Hugo Black declared that the judiciary must stand “against any winds that blow.” Today, hyper-partisan winds are buffeting the judiciary, challenging the capacity of our courts to be -- and to be perceived as -- independent and impartial. The challenge is particularly acute when high-profile, politically sensitive cases find their way to the Supreme Court. One such case is Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the “same-sex wedding cake case” now pending before the Court.
Using this case as an illustration, the University of Idaho will present a Constitution Day program on the challenge facing the judiciary in hyper-partisan times. The program will be conducted interactively on September 15, 2107, in Moscow (College of Law Room 104 at 1:30 p.m. Pacific time) and Boise (Idaho Law & Justice Learning Center Room 313 at 2:30 p.m. Mountain time). Three University of Idaho faculty members will discuss judicial independence and impartiality, the particular issues presented in the Masterpiece Cakeshop case, and the role of the media in shaping public perceptions. Time will be reserved for audience comments and questions.
Panelists
Professor Katie Blevins is an Assistant Professor in Journalism and Mass Media. She teaches and researches media law, social media, and women’s studies.
Don Burnett
Don Burnett is professor emeritus and past dean of the College of Law. He has served as a judge of the Idaho Court of Appeals and as interim president of the University of Idaho.
Shaakirrah Sanders
Professor Shaakirrah R. Sanders joined the University of Idaho College of Law in June 2011. She teaches subjects related to the rights and liberties in the U.S. constitution, including Constitutional Law, Criminal Procedure and the First Amendment. Her scholarship focuses on criminal sentencing reform, civil jury trial rights, religious freedom, and freedom of speech and press. She is a member of the ACLU of Idaho board and is a member of the Idaho State Advisory Committee for the U.S. Commission on Civil Rights.