James E. Tierney ‘74 delivered Maine Law’s Constitution Day Lecture this year entitled “Originalism”- Is it a principled constitutional theory or simply a rationalization for turning back the clock.
Elected to the Maine Legislature in 1973, where he became Majority Leader before he turned 30, Tierney later went on to serve as the state’s Attorney General for a decade. He served as the Director of the National State Attorney General Program at Columbia Law School after his tenure and today lectures at Harvard Law School where he also directs the Attorney General Clinic.
In his lecture, Tierney spoke to a room of future lawyers about constitutional originalism-a form of judicial interpretation that seeks to understand the Constitution in context of the time and spirit in which it was conceived.
His central thesis argued that this strict and time-bound interpretation of the Constitution is regressive and illogical and, ultimately, turns the clock back on issues of equity, as well as social and environmental justice.
“The real problem with the originalist theory is that it allows no room for ethical, political or moral growth,” Tierney said. He urged students now and in their future careers as lawyers to find meaningful ways to uphold the principles of good governance that progress justice for all.
“The Constitution is not an end. The constitution is a process and it will be what you make of it in your lifetimes. The framers always thought that the Constitution could be changed later, but later is right now, and you are the decision-makers.”
