Supreme Court Justice Stephen Breyer reaffirmed the value of America's democratic legal culture in a speech about his career in Cook Auditorium yesterday.
The speech, part of a celebration of the 20th anniversary of the Rockefeller Center, emphasized three primary impressions -- about the Court, the democratic process and the Constitution -- from Breyer's career in public service. The lecture began with a candid description of the functions of his job.
"It's reading and it's writing, that's what it's about," Breyer joked. "I'm a word processor."
But Breyer's humility could not conceal his sense of wonder at the power of the Court itself. He described the experience of hearing a case as rife with "emotional content," sentiment inspired by "being in the same room where Brown v. the Board of Education was decided."
Breyer was nominated by President Clinton in 1994, and after nine years, he is still the most junior member of the Court. His "special task" during private conferences, Breyer said, "is to open the door in case somebody knocks."
In reality, Breyer and his fellow justices are charged with arguably the most important responsibility of any American, the defense of the Constitution and the adjudication of conflicts regarding federal law. Breyer has been involved in cases dealing with controversies including prayer in school, abortion and Bush v. Gore, the decision which effectively decided the 2000 presidential election.
"The cases that reach the Supreme Court," Breyer said, are merely "the tip of the iceberg."
He emphasized that the cases he hears represent a miniscule portion of the total volume of cases in the legal system. Describing all court cases as "conversations, sometimes very chaotic conversations," Breyer emphasized that the only cases that the Supreme Court hears are those about which lower courts could not reach the same decision.
He asserted that at the most fundamental level, he mediates conflict by "building consensus" and said that his decisions were hinged upon the expectation that people would respect the law.
Breyer spoke about the public consensus to follow the law with a deep respect for the historical development of this law-abiding culture. Still, Breyer also expressed similar respect for individuals willing to challenge the law using the tools provided by our democratic government.
Describing protests as "the first amendment in action," Breyer said, "as long as they're shouting with their mouths only, not hitting each other ... I think it's fabulous."
"Private action, public impact," was the theme emphasized by Linda Fowler, director of the Rockefeller Center, as she discussed the value of careers in civil service. Breyer's speech reinforced this idea.
He urged the audience to sharpen their awareness of politics and to actively participate in elections, debates and civil service.
Quoting Pericles, Breyer asked, "What do we say of the man who does not participate? Not that this is a man who minds his own business, we say that it's a man who has no business here."
