{"id":56,"date":"2012-04-11T22:37:03","date_gmt":"2012-04-11T22:37:03","guid":{"rendered":"http:\/\/www.marshall.edu\/spc\/?page_id=56"},"modified":"2019-11-20T15:58:58","modified_gmt":"2019-11-20T15:58:58","slug":"the-dan-ohanlon-john-marshall-constitution-week-essay-competition","status":"publish","type":"page","link":"https:\/\/www.marshall.edu\/spc\/the-dan-ohanlon-john-marshall-constitution-week-essay-competition\/","title":{"rendered":"Simon Perry Center for Constitutional Democracy"},"content":{"rendered":"

The Dan O\u2019Hanlon Essay Competition\u00a0<\/strong><\/p>\n

\"ohanlon\"<\/a><\/p>\n

Should the Constitution be the supreme law of the land?<\/strong><\/p>\n

 <\/p>\n

In December of 2012, Louis Michael Seidman \u2013 a highly respected Professor of Constitutional Law at Georgetown University Law Center, a graduate of Harvard Law School, and a former Supreme Court law clerk, wrote in The New York Times<\/i> that one of the primary reasons that \u201cthe American system of government is broken\u201d is \u201cour insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions.\u201d\u00a0 He explains his reasoning, not only in that article, but also in his recently published book, On Constitutional Disobedience.<\/i><\/p>\n

 <\/p>\n

Professor Seidman\u2019s argument provoked a powerful response, including hate mail and death threats, as well as stories in publications like The Chronicle of Higher Education<\/i>.\u00a0 \u00a0Many people are strongly attached to the ideas expounded upon by Chief Justice John Marshall in Marbury v. Madison <\/i>and McCullough v. Maryland\u2013 <\/i>that the Constitution is the supreme law of the land and that it is the province of the Supreme Court to decide whether a law is consistent with the Constitution.\u00a0 We have more than 200 years of law premised upon this rule.\u00a0 Here at Marshall University, we spend much of September celebrating the Constitution\u2019s birthday and we have a Center for Constitutional Democracy.\u00a0 And, as pointed out in the book jacket for Seidman\u2019s book, \u201cThe doctrine of `original intent\u2019 may be found on the far right, but the entire political spectrum \u2013 left and right \u2013 shares a deep reverence for the Constitution.\u201d<\/p>\n

 <\/p>\n

\u201cDeep reverence\u201d notwithstanding, it is always useful to have our conventional assumptions challenged and to revisit whether our ideas can be improved upon.\u00a0 This year\u2019s essay competition challenges you to do just that.\u00a0 The questions raised by this year\u2019s contest are:<\/p>\n

 <\/p>\n

Do you think that Professor Seidman makes some powerful arguments?\u00a0 Should we embrace or reject his ideas?\u00a0\u00a0 Why or why not?<\/b>\u00a0\u00a0 Your essay should discuss the reasons for your conclusions regarding these questions, and in doing so should address the problems with either accepting or rejecting what Professor Seidman advocates.<\/p>\n

Background Material: <\/b><\/p>\n

It would be useful to begin by reading Professor Seidman\u2019s book, which has been described as \u201cshort, but profound.\u201d\u00a0\u00a0\u00a0 Copies of his book will be placed on reserve at the Reference Desk in Drinko Library.\u00a0 The book is:\u00a0 Seidman, Louis Michael, On Constitutional Disobedience, <\/i>(Oxford \u00a0University Press, 2012).\u00a0 You should also read Professor Seidman\u2019s Op-Ed piece published by The New York Times, <\/i>which can be found by going to this link [use CTRL, left click],\u00a0 http:\/\/www.nytimes.com\/2012\/12\/31\/opinion\/lets-give-up-on-the-constitution.html?pagewanted=all&_r=0<\/a>, <\/b>and the article about his book in the Chronicle of Higher Education<\/i>, which can be found by going to this link [use CTRL, left click], http:\/\/chronicle.com\/article\/The-Constitution-Who-Needs\/136147\/?cid=at&um_source=a<\/a>.\u00a0 <\/b><\/p>\n

 <\/p>\n

In addition, you might wish to read some work by other scholars, including past and present Justices of the United States Supreme Court, discussing their views of how the Constitution can (and does) work effectively in our legal system.\u00a0 Some suggested readings of this kind can be found in the following book, copies of which will also be placed on reserve at the Reference Desk in Drinko Library:\u00a0 Judges on Judging:\u00a0 Views from the Bench<\/i> (3d ed., CQ Press, 2009)(O\u2019Brien, David M., ed.).\u00a0 In particular, you might want to review Judges on Judging\u2019s <\/i>Chapter 21, by Justice Scalia, Chapter 22, by Justice Marshall, Chapter 23, by Justice Brennan, and Chapter 25, by Justice Breyer. Of course, you can do additional research to support your arguments.\u00a0 Please be sure that all of your research is properly cited.<\/p>\n

 <\/p>\n

Rules and Prizes<\/b><\/p>\n

This contest is open to any student who will be enrolled at Marshall University in September of 2013.\u00a0 A suggested length for a standard academic essay is 10-15 pages, but there is no required length or page limitation.\u00a0 Winning entries should demonstrate a thorough understanding of Professor Seidman\u2019s work.\u00a0 All entries should be typewritten and submitted on standard-size 8.5 x 11 inch paper.\u00a0 You may mail or deliver them to the address below.<\/p>\n

 <\/p>\n

Deadline for submission for the 2013 contest is July 30, 2013.<\/b><\/p>\n

\u00a0<\/b><\/p>\n

First Prize ~ $1,500\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Second Prize ~ $750<\/b><\/p>\n

\u00a0<\/b><\/p>\n

The winners will be recognized in a special awards ceremony dedicated to the Essay Competition as part of the celebration of Constitution Week in September.<\/p>\n

\u00a0<\/b><\/p>\n

Submit entries to:\u00a0 <\/b><\/p>\n

Patricia Proctor, Director<\/p>\n

Simon Perry Center for Constitutional Democracy<\/p>\n

Marshall University, Old Main Room 230L<\/p>\n

One John Marshall Drive<\/p>\n

Huntington, WV 25755<\/p>\n

<\/a>\"simonperryccd\"<\/a><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

The Dan O\u2019Hanlon Essay Competition\u00a0 Should the Constitution be the supreme law of the land?   In December of 2012, Louis Michael Seidman \u2013 a highly respected Professor of Constitutional Law at Georgetown University Law Center, a graduate of Harvard Law School, and a former Supreme Court law clerk, wrote in The New York Times<\/p>\n","protected":false},"author":46,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-56","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.marshall.edu\/spc\/wp-json\/wp\/v2\/pages\/56","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.marshall.edu\/spc\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.marshall.edu\/spc\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.marshall.edu\/spc\/wp-json\/wp\/v2\/users\/46"}],"replies":[{"embeddable":true,"href":"https:\/\/www.marshall.edu\/spc\/wp-json\/wp\/v2\/comments?post=56"}],"version-history":[{"count":0,"href":"https:\/\/www.marshall.edu\/spc\/wp-json\/wp\/v2\/pages\/56\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.marshall.edu\/spc\/wp-json\/wp\/v2\/media?parent=56"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}