Daniel A. Cotter

  • February 15, 2017
    Guest Post

    by Daniel A. Cotter, Partner, Butler Rubin Saltarelli & Boyd LLP and Adjunct Professor at The John Marshall Law School

    The American Constitution Society For Law and Policy recently launched an initiative, “Love Our Constitution,” with the goal for lawyers, judges and others to lead discussions and make presentations about the Constitution and the Federal Courts during the week of Valentine’s Day. I participated in the conference call that ACS held to explain the initiative and then volunteered to conduct a presentation to the local Boy Scouts Troop.

    On Monday, Feb. 13, 2017, I presented the “Love Our Constitution” program to my sons’ troop, Queen of All Saints Basilica Boy Scout Troop 626. About 35 scouts were in attendance and about a dozen adults. We began by handing out copies of the pocket Constitutions provided by ACS and discussing at a high level the document itself, one of the longest standing written constitutions in the world and also one of the shortest, the original being just over 4,500 words. Scouts answered questions about which branch each of the first three articles of the Constitution addressed.

    As I went through the slides, we asked questions of the attendees, including their thoughts on why Federal judges served during good behavior, effectively a lifetime appointment. One Boy Scout answered that the intent was to distance the judiciary from the pressures and demands of fundraising and elections and that lifetime appointments allowed the judges to act independently. Before moving to the next slides, we discussed this answer and identified a few instances where the party that had appointed the justices in the majority was not pleased with the decisions. We briefly discussed the Warren Court and the Brown v. Board of Education and criminal defendant rights’ cases and how upset many were. One Scout also raised the recent same sex decision by the Roberts Court, Obergefell v.Hodges.