Our Third Annual Constitution Day was a smashing
success. The panel members spoke to a
large and engaged crowd of VLS Students and members of the public, including
small children, lawyers and judges. Attendees
mingled well after the 6pm finish time to discuss the US Constitution and other
legal topics.
VBA President Gary Franklin introduced the panel and this
year’s Constitution Day theme: “Separation of Powers” as selected by the ABA
for their law-day theme. VLS Professor Peter
Teachout introduced the topic with an engaging explanation of the historical
origins of Separation of Powers, noting that his presentation was more like ‘frozen
concentrate’ since he only had 10 minutes for such a robust topic. In its simplest terms, he explained that the
Separation of Powers doctrine was designed to prevent tyranny. One highlight was his offer that any VLS
Students in attendance would be allowed to use the VBA copy of the Pocket Constitution
in his final exam room!
Next Justice Harold Eaton discussed Marbury vs. Madison,
the seminal case that all lawyers remember, but with a fascinating exploration
into its back-story. Attendees learned
that Madison didn’t file a brief or even appear and that the case languished for
2 years. Despite controversial issues
about the failure of Justice Marshall to recuse himself, the heated battle with
the secretary of state and a potential constitutional showdown, the case was
simply decided on jurisdiction. No one even
referenced the case or cited it as being about judicial review until approximately
70 years after the decision!
Despite the prevalence of the word “impeachment” in the news
cycle, Judge William Cohen eloquently gave a balanced presentation about
impeachment generally and about the impeachment of Jackson without approaching
modern times. He spoke of the fascinating terms “High Crimes and Misdemeanors” noting
that they have nothing to do with criminal law, and no one can really describe
one. Impeachment was designed purely to
limit the power of the president and steer our country clear of monarchy. Intended to be used sparingly, Judge Cohen
noted that the power of impeachment has only been used 14 times in 200 years,
and only 3 times with reference to a president (the others were judges mostly,
but also a senator and a secretary).
Justice Beth Robinson took a caselaw approach, discussing one
case regarding the Valor Act and also the seminal case of Youngstown Sheet
& Tube vs. Sawyer, both beautifully displaying the tension between the
branches of government. Justice Robinson noted that when the Supreme Court
determined that President Truman did not have the power to seize the production
of steel in war times to forestall a strike, Truman did revoke his executive
order within a few days. She remarked
that the Separation of Powers doctrine which is required to keep our systems in
balance, only works when the individuals at the helm of each branch respect
when the doctrine is invoked.
Last but certainly not least, Judge Nancy Waples walked us
through the Trump vs. Hawaii cases regarding the string of Executive
Orders known as the ‘travel ban.’ Judge Waples gave a detailed analysis of the
majority decision, concurrences and dissent, after discussing the procedural
history, and remarked on the broad powers granted by the Immigration Act. Separation of Powers is called into question
when Congress yields so much authority, creating an opportunity for misuse, but
also begging the question regarding how to get it back. As the presentation
wrapped up with this thought-provoking observation, the attendees were then engaged
in a brief Q&A session to top off the successful event.
We are so grateful for our skilled and engaging presenters
as well as for the Vermont Law School for hosting the event. Thank you for making the event a success. The
VBA provided over 200 complimentary Pocket Constitutions to attendees and will
have a video recording of the event available on our website shortly. All three annual Constitution Day
presentations will be found HERE.
Please enjoy the pictures from the
event, below.
