Since Shakespeare, it has been fashionable to hate lawyers - "The first thing we do, let's kill all the lawyers." Henry VI, Part 2.
Two events recently, have caused me consider that line. The first was the 2016 Presidential election; the second was a recent Bar Association meeting. I only attend one or two RI County Bar Association meetings a year, but on October 20, I went.
Being rather old myself, I found myself sitting with seven other "senior" lawyers - all but one, older than myself. Like myself, three were Notre Dame grads: Jim Coryn, Pete Fieweger, and Frank Edwards. Also present were Curt Trevor, Bob Alvine, Ken Collinson and Bob Scott.
As we dined and visited, I suddenly realized that any of the seven men would have been an infinitely finer candidate for President than either Mrs. Clinton or Mr. Trump.
I met six of these men directly upon moving to RI County in 1966 to work for State's Attorney Dick Stengel. I met Bob Alvine, a few years later. In the fifty years that I have known them, I have never heard a word from anybody impugning - or even questioning - their ethics or their legal competence. All seven were possessed of fine legal minds. All served their profession, their clients and their communities with grace and distinction. Each has had a knowledge of the law which would have allowed them to discuss the great constitutional issues at stake with ease, understanding and grace. I can say with conviction that during my 26 years on the bench, I was privileged to hear the arguments made by Pete Fieweger, Bob Alvine, et al. I feel certain that anyone of the seven during his prime would have made "mincemeat" of Mr. Trump or Mrs. Clinton in any Presidential debate, anytime, any where.
Unlike either candidate, when asked about "stop and frisk," "late-term abortion," or the Citizen's United case, any of these men - with modest preparation - would have cogently and persuasively explained the meaning and import of these matters to the American people. None would have "pivoted' (i.e., ignored the question asked, or answered a question not asked). All would have had an informed position on the issues, and all would have clearly explained their respective positions.
To me, the most important issue in this campaign was "what sort of judge will you (Mr. Trump or Mrs. Clinton) nominate the the U.S. Supreme Court? I see our government slowly - but persistently - "nipping away" at our liberties as understood by the men who wrote our Constitution and Bill of Rights. In lieu of "individual liberty" we are offered "equality/income redistribution."
Our founding fathers understood that Kings - and even Democracies - will always chisel away at personal liberties, in the name of some other perceived good - equality, national security, financial security, etc. And in the end, the King, with his prosecutors and powers of taxation, always wins; and the liberties of the people are always subverted.
At the third Presidential debate Chris Wallace asked Mrs. Clinton: “Do the Founders’ words mean what they say or is the Constitution a "living document" to be applied flexibly according to changing circumstances?” That was a false choice.
The real question is this: Taking for granted the our Constitution and Bill of Rights were crafted to govern American life not only in 1789, but also in the ensuing decades and centuries, (and is therefore a "living document"), do you believe it should be construed to carry out the intent of the men who wrote it, or should it be construed to carry out the intent of later political men, such as George Wallace, Richard Nixon, Hillary Clinton, Donald Trump or whatever politically appointed judge who happens to be hearing the case, as they think best?
I am satisfied that my liberties would be secure in a modern cell-phone case under our Constitution if Washington, Adams or Lincoln were the judges. I have no such confidence in Mr. Trump or Mrs. Clinton. But I would feel secure if any of the seven lawyers named above, were the judge.
The bottom line: Speak well of good lawyers.
Posted: QCOline.com November 6, 2016
Copyright 2016, John Donald O'Shea
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