July 4 values: What unites? Divides? Let's start with the Supreme Court
Sunday, June 28, 2009 at 8:11PM What unites us—or divides us—as Independence Day approaches? That's the big question this week.
TODAY, ReadTheSpirit explores a similar theme—searching for glimpses of American "spirit." The 2 big photos on our page today were taken by college students on an assignment to capture images emblematic of America. Why are these 2 snapshots appropriate? I'd like to hear your thoughts on that—please, add a comment on what Americans have in common as a national community and what separates us.
HERE AT OURVALUES.ORG, let's start with a red-hot political issue: Consider the upcoming confirmation vote on Sonia Sotomayor as the next Supreme Court Justice. Most Americans support her confirmation, according to a number of polls. If confirmed, she will become the 111th Justice and the first Hispanic.
But the deep debate about her appointment isn’t about her ethnicity, or gender, or humble roots. It’s about a split in how the Constitution should be applied. The two sides of the debate are called “originalism” versus “living Constitution.”
The first says that the meaning of the Constitution doesn’t change over time. The second says that the Constitution should be interpreted in light of present-day conditions. As Thomas Jefferson wrote, “I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times.”
Sotomayor isn’t an originalist. Critics see her as a judicial activist—someone (as Obama does) who takes into account evolving norms, understandings, values and ethics. Supporters say those are the reasons for confirming her.
I have no doubt that Sotomayor will be confirmed in July. I support her confirmation. But it’s important to remember the deep divide in an ongoing debate in which she is only the most recent focus.
So, please, ADD A COMMENT about this specific issue—or about values that unite or divide Americans in general. What other divisions do you see? What other signs of unity?
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