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Bell Tolls for U.S. Constitution

USC Gould School of Law • September 21, 2007
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Renowned constitutional legal scholar Derrick Bell speaks
at USC Law


-By Darren Schenck

Introduced by USC Law Vice Dean Scott Altman as “one of the most prolific and provocative law professors in the country,” renowned constitutional legal scholar Derrick Bell opened his talk to students last Wednesday afternoon by quoting prominent judges and scholars who had questioned the wisdom and relevance of the U.S. Constitution.

“In 1987, the bicentennial year of the ratification of the Constitution, U.S. Supreme Court Justice Thurgood Marshall gave a controversial speech and was deemed ‘ungrateful’,” said Bell. “At a time when everyone was praising the wisdom of the founding fathers and the Constitution, Marshall said the document had flaws that required several amendments and a Civil War to address.”

A product of its time, the 220-year-old document was written by people who were not representative of the majority of the population, said Bell. Also, the document contains such ambiguous phrases as “due process” and “equal protection” that have required interpretation from the outset.

During his talk, “The Current Relevance of the Constitution,” Bell directed his most poignant criticism — and humor — at Constitutional fundamentalists, self-styled “originalists” such as Antonin Scalia and Clarence Thomas. He likened their reverence of the Constitution to that of Christian fundamentalists for the Bible.

“Both the Bible and the Constitution are more respected and quoted than read and understood,” said Bell. “Their intentions are often undermined by readings that are inconclusive and even dangerous.”

Because both documents are viewed as sacrosanct, said Bell, “they serve as symbols of what never was and as barriers to what could be.”

Bell said legal victories are hard to come by in a legal system that is beholden to the reigning economic order. Despite this state of affairs, he urged the students in attendance to be positive and keep working within the system. “After all, it’s the only game in town,” he said.
Bell, a visiting professor of law at the New York University School of Law, was feted on Sept. 20 by the Western Center on Law & Poverty, California’s oldest and largest provider of legal services to low-income individuals. The center, which is celebrating its 40th anniversary, began as a clinical program at USC Law; Bell served as its executive director at the start of his academic career.

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