Gray's Inn Presents Professionalism and Civility in Constitutional Interpretation (from the Founders to Present)
This historical program delved into the founding fathers' Constitutional intent. The presenters preformed a multi-scene skit debating the issues while demonstrating that while one may disagree with someone's ideas or belief one can still be professional in discussing these topics.
Scene 1: Originalism versus the living constitution - how does originalism square with technology (1787 through modern day)? Since the ratification of the constitution there has been a debate over whether the Constitution should be interpreted as the original Founders wrote it within the meaning of those terms in 1787, or whether it was a “living” Constitution that grew and changed over time. How does constitutional interpretation square with professionalism and civility in the modern era?
Scene 2: How does an estate/probate/wrongful death case end up in a bankruptcy proceeding and ultimately before the Supreme Court? (Stern v. Marshall 1994) Florida is known for obscure laws, presidential elections, recounts and Anna Nicole Smith. So how did a Florida state probate case end up in United states Bankruptcy Court, and ultimately the US Supreme Court. How is the case presented and interpreted in a civil and professional manner when it is so complex that even the Judges and Justices have trouble deciphering and reaching consensus?
Scene 3: Gideon v. Wainwright: does the 6th amendment, the constitutional amendment of counsel apply to the states? (1963)
In Gideon w Wainwright, under Florida law a person charged with a crime was not entitled to be represented by counsel unless they could afford to hire their own private attorney. Gideon, a man of limited means, represented himself at trial and lost, and somehow made his way Pro Se to the US Supreme Court. Here is his story. Here everyone agrees that the Supreme Court was right in their decision.
Discussion!
Presented By: The Justice Major B. Harding American Inn of Court (30355)
Presented: February, 2020
Topic Areas: Historical Program, Civility, Professionalism, Constitutional Law
Materials: PowerPoint Presentation and Script
CLE Approval: Pending
State: Florida
Hours: 1.0
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