Stanford Law School Professor Reflects On U.S. Constitution Day

PALO ALTO, CA – In case you missed what's etched in history, Sept. 17 marks National Constitution Day, a milestone worth noting for those close to the subject like Stanford Law School professor Gregory Ablavsky.

The Palo Alto constitutional law expert reflected on the fundamental framework of America’s system of government as a document considered timeless and timely in discussion.

“I’ve spent a lot of time studying the Constitution. It has a non-timeless quality. Still, the fundamental law persists, but for legal historians, it reflects what we think were the political issues of that time,” Ablavsky told Patch.com, while referring to its founding and creation.

Ablavsky, who has won the Cromwell Article Prize and Kathryn T. Preyer Prize from the American Society for Legal History, insisted it’s more complex than a citizen can imagine. The academic scholar outlined a three-part approach to the document. Legally speaking, it’s a “document binding law.” Historically, it’s a document of “the time.” And from a foundation standpoint, it’s a part of “our civic culture.”

He advocates amendments without implementing those changes “at a whim.”

But there is a time and place for everything. Take the Electoral College, which falls under the Constitution’s umbrella of protocol. The system of federal elections born out of a collection of delegates came under fire last November as well as in early general elections when critics such as U.S. Sen. Dianne Feinstein, D-Calif., considered the validity of the system when the popular voting results differ from the Electoral College’s as was the case with Bush versus Gore

Almost a year ago, that fire of dissent was aflame with the Electoral College victory of U.S. President Donald Trump, who failed to win the popular vote. He proceeded to question the citizenship of huge clusters of immigrants.

“It’s pretty clear the current administration has certainly broken with the norms and practices of rules thought to govern us,” Ablavsky said. “What’s going on is these norms are being challenged.”

Either way, the topic is top of mind.

The National Constitution Center in Philadelphia reported yesterday brought the second highest web page visits than any other time at 113,000 views. The center also reported 4,000 visitors showing up at the center for its celebration of the historic day on Monday, spokeswoman Merissa Blum told Patch. Many took part in interactive programs designed to teach the history of the cherished document.

The U.S. Constitution places the power of government in the hands of the people, divides the power between the states and the fed, describes the purpose of government, establishes a system of checks and balances as well as outlines our many rights.

The law establishing the holiday was created in 2004 with the passage of an amendment by Sen. Robert Byrd to that year’s spending bill. Before then, the day was labeled “Citizenship Day.” Educational programs deem the day a time to teach the history of the Constitution, which was signed in 1787 during the Philadelphia Convention.

--Image courtesy of the National Constitution Center