Tuesday, November 22, 2005

'Be Not Afraid': Justice Clarence Thomas on Supreme Court Functionality

http://americanradioworks.publicradio.org/features/sayitplain/cthomas.html

This speech from Supreme Court Justice Clarence Thomas entitled 'Be Not Afraid' American Enterprise Institute (February 13, 2001) is from Say It Plain, A Century of Great African American Speeches, on American Radio Works. The speech context is both in spoken and written formats. The speech discusses Constitutional interpretation by Thomas, and the role of the Supreme Court in the strict interpretation of the law. He includes thoughts such as:

"Third, this approach recognizes the basic principle of a written Constitution. "We the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving Constitution. Aside from amendment, according to Article V, the Constitution's meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President. "

The speech is clearly spoken by Thomas, at a good rate of speed to encourage understanding. Having the actual context of the speech is also helpful for students to increase their level of understanding. The ideals of justice being blind, and the role of the Court to interpret the Constitution without prejudice or change from the original intent is important for students to understand. This is a wonderful opportunity for students to work on language, context and the Constitution all at the same time.

It ends with the simple exhortation from Pope John Paul II to 'Be Not Afraid'. A simple message to millions who are challenged by tyrants and murderers to offer a quiet resolve and unvoiced courage necessary to endure the inevitable intimidation. His last words are:

"The Founders warned us that freedom requires constant vigilance and repeated action. It is said that when asked what sort of government the Founders had created, Benjamin Franklin replied that they had given us "a Republic, if you can keep it." Today, as in the past, we will need a brave "civic virtue," not a timid civility, to keep our republic. So, this evening, I leave you with the simple exhortation: "Be not afraid."

This gives us a perspective both historical and current, and helps students to understand the founding principles of our country in their quest to understand the Constitution. I highly recommend this speech, but a minimum reading level should be about 8th grade to truly understand the concepts that are expressed. However, students at a lower reading level can still gain some understanding by listening.

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