In a Monday speech that touched on current events, legal scholar William Van Alstyne spoke about the Supreme Court's obligation to interpret the Constitution fairly.
His lecture, entitled "Clashing Visions of a Living Constitution," took place at the Duke School of Law.
Van Alstyne, who was a professor at the law school between 1974 and 2004, is a world-renowned constitutional scholar. He was ranked in a 1987 New York Law Journal poll of federal judges, lawyers and law professors as one of the "ten most qualified" individuals to serve on the Supreme Court, and he offered his expertise on the High Court in his hour-long lecture.
Van Alstyne primarily discussed the difference between "obligationists" and "opportunists."
"Obligationists are those who adhere to the wording of the Constitution" whether or not they agree with it, he explained. "Opportunists," on the other hand, are individuals who want the Constitution interpreted in ways which would benefit them.
Van Alstyne discussed opportunists on both the left and the right sides of the political spectrum.
"Opportunists on the right look to free trade and private property laws, while opportunists on the left look at equality laws," he said.
Van Alstyne also discussed how Constitutional amendments could be misinterpreted by the Supreme Court and the subsequent public distrust of the amendments.
He used the rejected Equal Rights Amendment as an example.
"Some were worried that the passage of this amendment would result in unisex bathrooms and women on the front lines of the Army, which may explain its narrow rejection," he said, drawing laughs from the crowd.
Many of those who attended the lecture took notes while Van Alstyne spoke. Members of the audience continued discussing the topics after his lecture ended and agreed it was a valuable experience.
"He was terrific," said Vincent Asaro, a second-year law student. "[Van Alstyne] presented a perspective that is often missing from discussions about constitutional law."
The lecture was especially fitting in light of the United States' recent political scene. President George W. Bush appointed conservative Samuel Alito to replace moderate Justice Sandra O'Connor on the Supreme Court, which has elicited hostile reactions from Congressional Democrats. They have been vocal about their concerns that Alito will use what Van Alstyne termed the "opportunist" school of thought.
Van Alstyne's lecture was part of the 39th annual Brainerd Currie Memorial Lecture series. The series honors Currie, who was a Duke law professor and leading law review author during the late 1950s.
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