ABOTA Kicks Off Constitution Day — Sept. 17 — with Events in Massachusetts and South Carolina
James Otis Lecture Series starts its second year in Boston;
Columbia, S.C. added. Noted speakers focus on
key figures, events in U.S. history
BOSTON (Sept. 17, 2009) – Two cities rich in U.S. history will be befitting sites for this week's celebration of Constitution Day, Sept. 17. More than 350 Massachusetts high school students will file into the historic Faneuil Hall on Sept. 17, and the following day more than 150 students will head to the South Carolina State House in Columbia to launch the James Otis Lecture Series.
Every year on Constitution Day a noted historian or public figure touching on important events in legal history that helped form the Constitution will hold a lecture.
In 2008, the Massachusetts Chapter of ABOTA created the James Otis Lecture Series. The program spread to South Carolina and California this year. ABOTA has a similar program scheduled in California in November.
But why honor James Otis, Jr., a person who receives just a short mention in most U.S. history books?
“James Otis, Jr., was one of the most important and influential lawyers in American history, yet most people, even most lawyers, know nothing about him or his crucial role in lighting the fire that lead to the American Revolution and to the formation of the Bill of Rights,” said Christopher A. Duggan, who created the James Otis Lecture while serving as president of ABOTA’s Massachusetts Chapter.
Who was James Otis, Jr.?
Before the American Revolution, the British passed laws known as the “Writs of Assistance” that allowed a home to be searched for untaxed goods. No probable cause was necessary and no search warrant or other legal approval was required. In February of 1761, Otis argued that these “Writs of Assistance” violated the natural rights of men to be secure in his home and property. Otis coined the phrase, “A man’s home is his castle.” He argued that all citizens possessed certain rights that could not be violated, even by the government, setting the foundation for the Declaration of Independence and the Bill of Rights to the Constitution. John Adams, a young lawyer who was present during Otis’ presentation, later wrote Otis lighted the spark that led to the American Revolution in the courtroom that day.
A mural of his famous argument in the Writs of Assistance case (painted by Robert Reid in 1901) hangs in the most prominent place in the Massachusetts State House, indicating that our predecessors understood the central importance of this event in our history.
James Otis Lecture — Massachusetts
Boston’s James Otis Lecture will be held Sept. 17, 2009, and will feature Robert Morris, Sr., the first African American to practice law actively in the country and hold a judicial position.
Morris was instrumental in the movement that resulted in Massachusetts’s adopting legislation prohibiting statutory segregation in elementary schools in 1855 — six years before the Civil War. Against great odds, he developed a vibrant practice, and became known as a tough but courteous and fair advocate. He was among the first to encourage Governor Andrew to enlist black soldiers and supported the recruitment and outfitting of the 54th Massachusetts. At a time of deep seeded hatred between blacks and Catholics, Morris rescued a nine-year-old Irish immigrant from being beaten by his schoolmates and gave him a job in his law office, training him in the law.
The lectures are being given by two justices and an historian -- Justice Roderick L. Ireland is the senior Associate Justice of the Supreme Judicial Court and is the first African-American to sit on this bench. Justice Julian T. Houston is a retired Superior Court Justice who founded the "Long Road to Justice" exhibit; and noted historian and author Stephen Kendrick, who wrote the award winning book, “Sarah's Long Walk” about the Roberts case and its aftermath.
James Otis Lecture — South Carolina
South Carolina tailored its James Otis Lecture to its own place in U.S. history. “South Carolina has a long history shaped by lawyers and judges who have made lasting contributions to the rule of law, to the process of self government, and to the preservation of our precious individual liberties guaranteed by the Constitution,” Joel W. Collins, Jr., chairman of the South Carolina. “Over the years, many South Carolinians have sacrificed their lives or suffered great personal loss to advance the cause of liberty. As part of our program, we acknowledge the great debt we owe to our Founding Fathers and to these patriots.”
The South Carolina program will feature Associate Justice of the South Carolina Supreme Court Donald W. Beatty. His topic will cover, “The Judiciary— The Third Branch of Government.” Walter Edgar, Professor Southern Studies at the University of South Carolina, will speak about “Liberty, Law and Revolution.” Dr. Edgar’s signed book will be given to every student in attendance.
The South Carolina Educational Television Network will broadcast live to all schools in South Carolina and the broadcast will later e available on demand.
ABOUT THE ESSAY CONTEST: Principals at participating state high schools nominate one student to attend as a James Otis Scholar, free of charge. Students are also eligible to enter an essay contest to compete for the James Otis Scholarship for the three most outstanding papers. The scholarships were funded by the Foundation of the American Board of Trial Advocates, the charitable arm of ABOTA, which supports educational programs for students across the country.
ABOUT CONSTITUTION DAY: Constitution Day, Sept. 17, the day in which the U.S. Constitution was signed by 39 men in Philadelphia in 1787. “There is a federal statute that requires high schools to teach a program on the U.S. Constitution on that day,” Duggan said. “The program was so successful last year that South Carolina and California have duplicated it this year.”
Tom Harkness, ABOTA Foundation president, said the James Otis Lecture and celebration of Constitution Day falls in line with the Foundation’s mission of ensuring justice for future generations. He said that unfortunately civic education is not a high priority in our school systems and that civic understanding must become a necessary element for every American student.
ABOUT THE ABOTA FOUNDATION: The ABOTA Foundation is the creator of Justice by the People, a curriculum that helps middle school teachers of civics, social studies and language teach about the right to trial by jury and other basic rights guaranteed by the Constitution and Bill of Rights. The National Assessment of Educational Progress, issued in May, indicates that only 27% of U.S. high school seniors are “proficient” in their understanding of American government and civic values. The ABOTA Foundation created a partnership with Scholastic, Inc., the largest educational publisher in the world, to provide Justice by the People lesson plans on its popular web site in a free, downloadable format and to promote it to thousands of teachers around the world. In less than three years, 94,000 teachers have downloaded the Justice by the People lessons and we estimate that more than 1.7 million students have learned about their constitutional liberties through Justice by the People.
Lesson plans on the “Constitution in Today’s America,” the “Jury System” and “Voting and the Constitution.” Justice by the People lesson plans are engaging, easy to use and free. All have been aligned with national standards for teaching social studies.
Justice by the People is an excellent tool for teachers to use on Constitution Day, Bill of Rights Day, and other national holidays. It is also ideal for your teacher institutes, lawyer in the classroom programs, and resource lists for teachers.
ABOUT ABOTA: Founded in 1958, is a national association of experienced trial lawyers and judges. ABOTA and its members are dedicated to the preservation and promotion of the civil jury trial right provided by the 7th Amendment to the U.S. Constitution. The Foundation of ABOTA is an affiliated charitable entity, the mission of which is to support the purposes of ABOTA through education and research. ABOTA membership consists of more than 6,400 lawyers and judges spread among 94 Chapters in all 50 States and the District of Columbia. ABOTA publishes Voir Dire magazine, which features in-depth articles on current and historical issues related to the 7th Amendment.
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