In 1954 — I was 8 years old — the United States Supreme Court decided Brown v. Board of Education. I intuitively understood that the decision in Brown had tremendous impact. And from that I got a sense of the power of the law. That the power of the law could be used to make the world a fairer place. If you can end state-sponsored segregation, that showed the potential of using law to solve problems and make people’s lives better.
I’m a law school graduate. I’m also a law school dropout. I enrolled at William Mitchell College of Law back in 1968 at the start of my second year with the Vikings and trust me, it was not pretty. I lasted about three weeks. I was in over my head, I didn’t understand what was going on. Those first classes when the professors start you down the road of asking you questions that are designed to make you fail, and it didn’t take me too long. I bailed out.
But then, eight years later it was time to go back. This time dedicated to learning and understanding the law. And this time, at a point in my football career where I had probably been around a little too long and gotten stale and needed something to focus on and lift me up. Law school with the University of Minnesota gave me the opportunity to use my head for something other than a battering ram and a place to store my helmet. The second time around, I loved it. I loved the challenge, I loved the give and take, I loved the fear of going into the classroom and being called on. All the fears that law school students face, I loved every minute of it.
In stark relief, we see (George Floyd) dying at the hands of a police officer in a way that, from all outward appearances, leaves one to conclude that it shouldn’t have happened. And the realization that it’s done in our names. I mean, what took place was done in my name. And so, I think people are taking it a little more personally and maybe that will result in actual change, but I think the jury’s still out. When you think about Michael Brown and, just in the last five or six years, all the people who have died at the hands of law enforcement officers for apparently no good reason, it’s still not clear that this is going to bring us to fundamental change.
Our Constitution is grounded in racial bias. And we have this debate about originalism. Well, if we’re going to go back to the words of Jefferson and Lincoln and Madison to decide how we live today, those words were grounded in slavery. And how do we untether ourselves from that? And I think until we do untether ourselves from that, we continue down the same path.
When the problem is systemic, the system has to change. And when you think about it, we rely on the words of our Founding Fathers. Why can’t those of us here today be the founding fathers and mothers for tomorrow? This is about five minutes of thought so don’t look too unkindly at it, but what if we had an amendment that said every 50 years, we look at the words in the Constitution and give them their current meaning? That would break us from the past and actually gave us a Constitution that works in the present because, as far as I know, our Founding Fathers didn’t know anything about the internet. Didn’t know anything about airplane travel. Didn’t have any idea what weaponry might come along, what arms mean today and what arms meant back then. I think they would be astounded, yet we’re ordering our lives based on a document from a time when the people who created that document could not have had any idea what we might be facing.