Constitutional Law

Panelists Tackle 'New Birth of Freedom' Amendments

Mary Frances Berry, former chairperson of the U.S. Commission on Civil Rights, moderated a lively discussion at the National Press Club today involving the history and law of the Civil Rights amendments to the Constitution, largely ignored by judges and by advocates of so-called originalism, whcih were intended to guarantee liberty and equality for all.

During her introduction at the event hosted by ACS, the NAACP LDF, MALDEF and the Constitutional Accountability Center, Berry briefly alluded to the inflammatory comments about her from a former top Justice Department official. “Today, I have to tell you, even though I am black, I am not bitter,” Berry said. She also noted that she had received an e-mail from the former DOJ official, John Tanner, attempting to apologize for his highly insensitive, racially charged comment about Berry.

(In a report issued yesterday from the Justice Department’s inspector general and Office of Professional Responsibility on the hiring improprieties of Bradley Schlozman, an e-mail from Tanner forwarded to other members of the Department’s Civil Rights Division referred to Berry as “black and bitter.” Specifically, in an e-mail to Schlozman, Tanner said he liked his coffee “Mary Frances Berry style – black and bitter.” Schlozman subsequently forwarded Tanner’s e-mail to other DOJ officials, saying, “Y’all will appreciate” Tanner’s comment.)

Berry quickly moved onto the subject of the gathering -- the evolution of the Constitution’s 13th, 14th, and 15th amendments, which were added to the Constitution after the Civil War. The panelists included Eric Foner, a professor of history at Columbia University, Doug Kendall, the president of Constitutional Accountability Center, John Payton, president and director-counsel of the NAACP Legal Defense Fund, and John Trasvina, president and general counsel of MALDEF. Payton noted with passion that while many historians today have gotten the interpretation and intent of the amendments correct, judges have yet to catch up. Kendall also argued that the true meaning of the amendments, to provide equality for all Americans, has been stripped from the amendments.

Video of the discussion is available by clicking on the picture below.  Individual interviews with the participants will be posted soon.

Full post as published by ACS Blog on January 14, 2009 (boomark / email).