We dont always find newspaper editors and area embracing reporting. Its not just economics. Is the discomfort that investigative reporting often causes in the newsroom. Because its troublesome. Its that more than the economics. If youre going to ruffle the feathers of somebody powerful that gives those people running into complaint to the publisher and destroys their legion over those and we are fortunate to go through the 70s and really almost all of our careers to work for people who are really Strong Enough right in that area, and let the chips fall where they may. Akhil reed amar presents his thoughts on the interpretation of the u. S. Constitution and what the author means by up to his passages. Mr. Amar posits the constitution can be understood by the original text alone or historical precedent. Akhil reed amar discusses his book with Supreme CourtJustice Clarence thomas of the national air cried archives here in washington. This is about 20 minutes. Good evening. Im the archivist of the United States and is a pleasure to welcome you to the National Archives in theater this evening. A special welcome to our friends at cspan and the other Media Outlets who are with us tonight. We have a lot of special guests in the audience today but i want to single out a special welcome to senator mike reed who is a good friend of the National Archives, senator reed from utah. [applause] who himself clerked for a future Supreme Court justice, judge alito when he was at the u. S. Court of appeals on the third circuit. Welcome. On monday the constitution of the United States turned 225. Tonights program is one of several that the National Archives is presenting this month in celebration of the founding document, signed in philadelphia on september 17, 1787. Tonight we are honored to welcome two distinguished guests to explore the past, present and future of United States constitution. Our partners for tonights program in honor of those of the constitution are the Federalist Society and the Constitution Accountability Center and thanks for the opportunity to collaborate with you this evening. The declaration of independence was long heralded as the icon of our independence to nationhood. The constitution did not get as much attention. Its declarations and its for parchment pages to the declaration single sheets to cheer most casual readers. The lack of celebration however works to its advantage. Over the years, the declaration was exposed to sunlight, dust and smoke but the constitution was never exhibited. When you view both original documents upstairs in the rotunda, you immediately see the difference. The declaration is faded to the point of olestra ability and while the constitutconstitut ion looks nearly as fresh as it did when the scribe jacob shell is was entered into the continental constitutional convention. Celebraticelebrati ng Constitution Day on september 17 has been a longstanding tradition here at the National Archives. It was the one day of the year won all four pages of the document were to lay to the public. Since 2003, we have been able to display all four pages yearrounyearround and the new cases in the rotunda at this year we have added Something Special to the 200 connie 225th anniversary. For the first time we will display the resolution of transmittal to the Continental Congress ,com,com ma sometimes referred to as the fifth page of the constitution. This momentous document describes how the constitution was ratified and put into action. Youll be able to see it starting on friday, september 14 and it will remain until Constitution Day on december 17. On the morning of Constitution Day, the highlight event of our celebration takes place. And naturalization ceremony for 225 new citizens to the United States. While the National Archives has hosted this for decades it never ceases to the support and to defend the constitution for the actual document. Link urge you to return over the next several days for more discussions on the special event of the constitutions birthday. On monday september 17 at from noon until 2 00 we do a happy birthday to the u. S. Constitution and the theater and a special program in celebration of the signing of the constitution in the first 225 guests will join the Founding Fathers for cake after their performance in the allen theater. On wednesday ,com,com ma september 19, at 7 00 p. M. , the constitution and the war of 1812 again here in the theater. This is the 2012 claude moore lecture, journalists roger mudd moderates a Panel Discussion on what so proudly we hail, the messages of the war of 1812. Tonight we are privileged to hear two distinguished guests discuss the past, present and future of the United States constitution. Akhil reed amar has joined Yale University where he teaches constitutional law at the college and the law school. He received both his b. A. And j. D. From yale and serves as an editor for the yale laws journal. After clerking for Stephen Breyer when he was judge of the u. S. Court of appeals for the First Circuit professor amar joined the faculty of yale in 1985. Professor amar is a coeditor of the leading constitutional law casebook, decisionDecision Making and is th author of several other books including the constitution and criminal procedure, the bill of rights creation and reconstruction, americas constitution a biography and most recently americas unwritten constitution, the president s and decibels we live by. The honorable Clarence Thomas has served as an associate justice of the Supreme Court of the United States for nearly 21 years. He attended conceptual cemetery and received an a. B. From the college of the holy cross and his j. D. From yale law school. He served as an assistant attorney general of missouri from 1974 to 1977, an attorney with the Monsanto Company from 77 to 79 and legislative assistant to senator John Danforth from 1979 to 1981. From 1981 to 1982 he served as assistant secretary for civil rights in the u. S. Department of education and chairman of the u. S. Equal Opportunity Commission from 1982 to 1990. He became a judge of the u. S. Court of appeals and in the District Of Columbia circuit in 1990. President bush nominated him as associate justice of the Supreme Court and he took his seat on october 23, 1991. Ladies and gentlemen please welcome Justice Thomas and professor amar to the stage. [applause] [applause] the thank you ladies and gentlemen for that extraordinarily gracious ,com,com ma warm welcome. Thank you to the National Archives and to the staff for making this event possible and thanks also, special thanks to the Federalist Society and the Constitution Accountability Center and thank you Justice Thomas for being with us today as we marked the 225th earth day, 225th anniversary of our constitution. I guess i would like to start our conversation with the words of the constitution, we the people, and what that phrase means to you and how that phrase baby has changed over time thanks to amendments and developments. Who is this a wee and landed folks like you and me become part of this, this week . Well, obviously it wasnt perfect. Thats an understatement. But you grow up in an environment, at least i was fortunate enough, where we believed it was effective. You know its very pretty much acceptable or maybe in vogue somewhat today to be so critical or almost invariably critical of the country and pointing out what is wrong. There are obviously things wrong. There are obviously things wrong when i grew up in georgia, and that was pointed out. But there was always an underlying belief that we were entitled to be a full participant in we the people. That is the way we grew up. It was the way the nuns who were all immigrants would explain it to us, that we were entitled as citizens of this country to be full participants. There was never any doubt that we were inherently equal and it said so in the declaration of independence. Of course there were times later on bad i too became quite critical and would make glib remarks in deciding the not so pleasant and reciting the pledge of allegiance or sing things that i thought were [inaudible] people can youtube and its around forever. I grew up in an environment where the people around me believed that this country could be better, that the framework for it was there. We the people, we used to memorize the preamble of the constitution. Its so fascinating to think of these black kids in the segregated school in savannah reciting the preamble to the constitution of the United States or standing out in the schoolyard, saying the pledge of allegiance every day before school. Everything so that obviously in front of you was wrong. You can go to the public library. You cant live in certain neighborhoods. You cant go to certain schools, but despite all of that, you lived under the advisement of people who said it was still our birthright to be included and continued to push not only to change the law but to maintain that belief in our hearts. I think today we sort of think that all of the work is done with the law in the heavy lifting for us was done here, because the people who raised us believed it was in here. The nuns who taught us believed it was in here. You know today, i was just down at Louisiana State university and the goto the southeast conference, there is this tremendous enthusiasm about football. I met diehard nebraska fan myself so i understand that enthusiasm. But can you imagine, when i grew up, a country that did not allow us to fully participate and one of the 1 birthrights passed on i still have it, i still believe that its and i think i resist that kind of attitude that its all lost. Its the same attitude i have been. Its ours. Its ours to make the best of, to disagree about, to work with, to realize its imperfections but to keep working with it so when i think of we the people, there is a lot i think of the exclusion but the possibility and the eventuality of the inclusion of you and me. No one cares that what, 40 years ago you and i would not be sitting here talking about the constitution of the United States except to say we were excluded. And now, its hardly noticed. Except youre a sterling professor of law so they probably notice that. [laughter] you talked about k. For yourself, my friend. [laughter] you know, that is nice of you to say but you know, i really look back and i have to say the same people. I have tried to say it over the years and i think in the city, people have dismissed as well, you are being a pollyanna or Something Like that, but i still say its all the people who never gave up and had every reason to. First in that line would be people like my grandparents. Not the cynical people that these unlettered people who never ever quit, who got up every day and believe that even if they didnt make it, those who came after them would. Its almost as though they self sacrificed. They were selfsacrificing, offering for these two boys and the generations to come afterwards. So you know, people say you havent, i havent done this or that. You know, i think you and i both have people who gave the last full measure for us and many many ways. So i cant really take too many bows for that. There is so much there and over the course of our conversation i hope to reach the declaration of the independence and the last full measure, the gettysburg address. You mentioned who was then and who wasnt, we and how that changed over time. Ike just want to say little bit though i agree with you that it is a little bit cynical. There were solutions and we cant forget that. We didnt need everyone but just to pick up on that in who will segue toward some of the other things who have talked about. Just so the rest of us, so we can all begin to appreciate how extraordinary this birthday is that we celebrate. So, 225 years ago, lets say august, 1787, selfgovernment exists almost nowhere on the planet outside of the new world. You have a few sheep and herders in switzerland before there were swiss banks. [laughter] and holland in the netherlands are in the process of losing selfgovernment and england has the house of commons but also has the house of lords and a hereditary king and so, you look back so its a vast multitude on the planet but no selfgovernment in russia, and china and india and africa, most of europe. You look back through the previous millennia and you have democracy and selfgovernment existing in very few tiny city states, athens because they cant defend themselves militarily and even when it did exist people would speak the same language and worship the same god, the same climate and culture, a very small little area. That is all of World History. And you look today, democracy is half the planet. If you asked me what changed, what was the hinge of all of that i think i would say the word we the people. 225 years ago the hinge of World History because all of the conclusions at the time it was way better and more perfect and for the First Time Ever in the history of the planet, an entire continent got to vote on how they and their posterity would be, and there were lots of exclusions from our perspective that we wouldnt exist as a democratic country in the democratic world but for that. I would say its the hinge of all modern history. Before democracy almost nowhere and in the project is begun. Its not perfect. Better than what we had before but not at all as good as what we have now. I think we have gotten better and i want to talk a little bit about how that process is it getting better. We the people do ordain and establish and its pretty stunning what we actually did. Its not just that we voted. There was a pretty standard vote in a boat that could be lost and in fact it was voted down in rhode island and north carolina. But you wrote a very interesting in a case called ohio versus mcintyre and we also talked about free speech. People could be for the constitution are against it and no one was shut down and no one was put in prison. If they like George Washington or didnt like George Washington or gave an anonymous speech, just a proliferation, robust and wideopen uninhibited. Up and down the continent. That is the year that we bark today, this month, the beginning of that so some thoughts on free speech and at that moment as you look back and then we will work our way forward in time. I dont have a lot of company in my views on mcintyre and anonymous speech but if you think about it, 225 years ago, you had the articles of confederation. You had a congress that did not work. It was not functioning. Oh. [laughter] [applause] that was inadvertent. But you had ,com,com ma it was very interesting convention that arguably wasnt quite what they were authorized to do. You have the resolution that is going to be on exhibit that is interestingly worded. Someone throws the word unanimous in it and its used in an interesting way. But you know, think of going to washington and trying to get mount vernon and he doesnt want to leave because hes been away for over four years and he doesnt want to leave. He goes to philadelphia and they do it. They come up with this document, four months, and now you have it, going to the congress to the people. To the people. To the people to ratify. You know when i read about it, i am one of those. I get chills because that is the beginning of the development of the place that allows you and me to be here with all its warts. Its sort of the way i feel about my hometown of savannah. Its got a lot of problems but its my home. That is the way i feel about the constitution. Its got a lot of problems. I dont know if i could do any better, but its ours and we get a chance through this wonderful opportunity that we have in different roles, to make it all work, to try to understand, to try to make the country work. You know may be a part of the thing we could do is celebrate the birthday. Would you have a constitution of everybody there was would you have the amendments to the constitution if mason was more cynical than adams . Would you have the declaration of independence if jefferson was a cynic rather than someone [inaudible] would you have a constitution of medicine didnt care . All the nick of that stuff, you know . I have come to the point and i tell my law clerks, that i have been in the city doing these jobs now for half of my natural life. The only reasons to do them are the ideal things. Its always the things you believe in, the constitution of this country. I know thats not what to say in washington d. C. And youre supposed to say theres some angle, some methodology, this originalism, textualism. There are all these useless peripheral debates other than just doing our job as we can in trying to live up to our respective oaths, to make it all work. This is what we are talking about. In your book, that is what you are saying. You are saying we have the text but you also also have overhear this unwritten part. With all these things are happening over here to make it all work. No, thats not me. Yo