Constitution Day Lecture with Dr. Gerald Postema

Our Constitution, Respecting it and Protecting it—It’s not Optional

The US Constitution—its core principles and institutions, and the informal norms that fill out its contours—is the indispensable scaffolding of our imperfect democracy, the essential normative structure of our public life, and the key technology by which we are protected against the arbitrary exercise of ruling power. Through this publicly visible means we strive to realize our common commitment to democracy and the rule of law. However, the Constitution and its core institutions and norms can rule only when at least two conditions are met. First, those who are authorized to govern according to its terms are deeply and irrevocably committed to respecting it in letter and spirit. And, second, all members of the polity—public officials, courts and lawyers, and ordinary citizens—accept the weighty responsibility of actively holding those who exercise ruling power strictly to the Constitution’s terms. These responsibilities are not optional—they constitute the core of our civic duty, the demanding content of the essential ethos of fidelity. This talk explores the nature of these responsibilities, the conditions under which they alone can thrive, and serious threats to maintaining and respecting them.

Robert Scott Small Library, Room 235