Cases related to terrorism will reach the U.S. Supreme Court, Supreme Court Justice Sandra Day O’Connor said in a speech in Gaston Hall Monday night. O’Connor briefly addressed terrorism but focused her speech on the Bill of Rights and her career as the first female justice on the Supreme Court.
In response to a student question, O’Connor commented on the Supreme Court’s role in the war on terrorism. She said that she expected cases involving wire-tapping, immigration and surveillance after Sept. 11 would eventually “work their way up” to the Supreme Court.
However, O’Connor more fully discussed the Bill of Rights, calling it one of the”most precious freedoms.”
Originally passed as a compromise between the federalists and anti-federalists, the Bill of Rights was created with the intention of limiting the action of the federal government in favor of recognizing states’ rights, she said.
“Most Americans think that the Constitution and the Bill of Rights go hand in hand. A more accurate analogy is a ball and chain,” O’Connor said.
O’Connor stressed that the bill was written to be both concise and flexible. Because it was written in broad terms, O’Connor said, the bill has been able to stand the test of time through various interpretations and applications.
“[The Bill of Rights] does not change, but our understanding of it may,” she said.
For example, O’Connor cited the changes in the use of the Fifth Amendment, which guarantees that no citizen will be forced to serve as witness against him or herself. O’Connersaid that the amendment is aplied today to the use of DNA testing in criminal cases.
According to O’Connor, James Madison created the bill with the intent of making it broad enough to accommodate changes over time as well as to avoid diminishing the importance of the document by including trivial details.
O’Connor explained the procedure the court uses in selecting cases for review. The court accepts less than 100 out of the 7500 petitions filed each year, she said. By waiting to accept cases, the Court can re-direct some of them to the state courts for decision.
O’Connor has served on the Supreme Court since 1981, when she was appointed by President Ronald Reagan. O’Connor then became the highest-ranked woman to have served in the federal government.
Before serving on the Supreme Court, O’Connor received her B.A. and J.D. from Stanford University, where she served as the editor of the Stanford Law Review. O’Connor also practiced law and worked as a legislator in her home state of Arizona.
According to O’Connor, women began to take on higher positions in local, state, national and international fields at a greater rate after her appointment. Whereas only five female students attended her class at Stanford Law School in the 1950s, today women represent over half of the students there.
O’Connor said that it was “an enormous pleasure” to see doors open for women in a variety of fields.
O’Connor spoke for just over 40 minutes and responded to four students in the following question and answer session. The event was sponsored by the Lecture Fund.
