Constitution Day

I’m taking a couple of days off, and I’ve headed my favorite direction: north. With my wife, my dogs and my camper.

We have the camper set up at the Grand Marais Municipal Campground. This morning was cold and rainy, but now it has cleared and the sun is out. We would usually make coffee – lots of coffee – and sit by the camper first thing in the morning. But this morning, in honor of the misty weather, we headed into town and went to a coffee shop called the Java Moose. The fellowship and the quality coffee resulted in a very rewarding morning. Today’s Duluth News Tribune had already arrived, and I found an interesting article about Constitution Day. It’s this Monday, September 17, 2007.

It seems that on September 17, 1787, the delegates to the Constitutional Convention finished their work on a draft of a Constitution for these United States. It’s not a holiday in the sense that there’s no mail or the courthouses are closed, but it does seem to be observed by several federal agencies – such as the National Archive that has the job of preserving the original document making up the Constitution and the Bill of Rights.

It is often my job to explain to a client who has been arrested for DWI what his or her constitutional rights are. I can run through them pretty fast. In fact, I think I can summarize them sometimes without stopping to take a breath. There’s the right to remain silent – which is why the questioning possible terrorists is such a hot issue. There’s the right to be presumed innocent; and the right to a jury, where all the jurors have to agree or one is considered not guilty.

One of my favorites is the right to confront and cross examine witnesses. When I get to this one I might sometimes stop, because my client has heard it before and it doesn’t sound like that big of a deal. I may take a moment to mention that prior to our constitution, in places like England, is was a rather common practice to hang someone or lob off their head after a trial that was based on written statements. For just a moment, I invite you to think about what that experience would be like.

I found that article in the Duluth paper to be educational and inspiring. Frankly, I had never heard of the observance of Constitution Day before. How could that be I am asking myself, particularly considering the business that I am in. I admit to having no excuse. I did, however, just run a search on the subject at the web site of the paper I usually read, the Star Tribune. So far there’s nothing there. I hope they at least mention it this Monday.

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