bjbjLULU JUDY WOODRUFF, The New York Times' Now, a former Supreme Court justice takes on the U.S. Constitution and the court he stepped away from. John Paul Stevens was known in his 35 years in office for views that evolved from the time he was appointed by Republican President Gerald Ford to one of the court's most outspoken liberal voices. Today, four years after retiring, the 94-year-old continues to make waves with an ambitious new book. It's titled Six Amendments.
JUDY WOODRUFF, How and Why We Should Change the Constitution. I talked to him last week in his chambers at the Supreme Court. Justice John Paul Stevens, thank you for talking with us.
JUSTICE JOHN PAUL STEVENS, Well, I'm happy to be here. JUDY WOODRUFF, You're asking to amend the Constitution six different ways. How practical is that?
JUSTICE JOHN PAUL STEVENS, Well, it certainly would take time to do that job completely, but there's no reason why. One or two amendments might be adopted before the others, and I think the issues in each of the ones I discuss are sufficiently important that it's worth spending time debating them and thinking about it. You single out rules, Justice Stevens, that were handed down, as you point out, by a slim majority of the court over the last 40 years that you say, and I'm quoting you now, Have had such a profound and unfortunate impact on our basic law that resort to the process of amendment is warranted. You're essentially taking on the modern Supreme Court.
Well, of course, I've been trying to do that for many years, but I think there were... incorrect decisions that were profoundly unwise and really contrary to a lot of things that our country stands for, and I think they should be changed. JUDY WOODRUFF You're speaking in a mild-mannered way, Justice Stevens, but I can't I can tell you feel pretty strongly about this.
Well, I do. There's no doubt about that. Let's talk about some of the ways that you'd like to see the Constitution changed.
Among other things, you want an amendment that would require the states not to draw legislative or congressional districts in a way to increase partisan strength. We know clearly there is partisan redistricting, but most redistricting is done around where populations are. live, whether it's an urban area, suburban area. Why isn't this something that's better left to the political process?
Well, because the political process has misfired in a number of states. The dominant party has redistricted with its own objective of strengthening its control of the state in the future and of its congressional delegation at the time by drawing bizarre districts. that have no purpose whatsoever other than to enhance the political strength of the party in power.
Now, it's my very profound view that a person in public office has a primary duty to follow, to make impartial decisions, not motivated by personal profit or personal gain or advantage just to the political party of which he's a member. So you're saying take it out. out of politics?
Well, not entirely, but don't allow districts to be drawn for no reason other than political advantage. There are times when political considerations can be taken into account in making certain minor adjustments, such as that case. But the examples that I talk about in the book are examples of districts that are bizarre in shape and have obviously no justification other than the impermissible justification of partisan advantage to those who drafted the districts. JUDY WOODRUFF.
You also want to amend the Constitution to abolish the death penalty. People who have always opposed the death penalty lament how long, they say, it took you to change your mind, from the time you came on the Court in 1975 until 2008. Why do you think it took you as long as it did to change your mind? And was it for humane reasons?
reasons or constitutional reasons? Well, I think that what's happened in the period that I've been on the court is that the court has used death penalty litigation to develop rules that make conviction more likely than it should be. Rules governing the selection of the jury, for example. Rules governing the admissibility of victim impact evidence at the penalty phase of a trial.
Rules have swindled the jury. the opportunity for just in ...of the prosecutor and I think it's particularly incorrect to do it in the capital context because the cost is so high. If you make a mistake in a capital case there's no way to take care of it later on and the risk of an incorrect execution in any case...
me is really intolerable, and the system should not permit that possibility to exist. JUDY WOODRUFF. Another controversy you're jumping right into is campaign finance. You believe Congress should be able to put limits on the amount of money candidates spend on their campaigns. MARK SHIELDS.
Yes. JUDY WOODRUFF. And that the Supreme Court has made mistakes in several decisions allowing corporations, labor unions. MARK SHIELDS.
JUDY WOODRUFF, The Washington Post, to advocate and spend money on candidates, considering all the court has done, Justice Stevens, to open the door for huge money to pour into American politics, including the recent McCutcheon decision, what effect does all this have on the American people? JUSTICE GINSBURG, The Washington Post, American politics? Well, I don't think it's a healthy effect, and I think it's a change from what the people who framed our basic government envisioned.
As the Chief Justice said, I think, in the first sentence of his opinion in the McCutcheon case the other day, there's nothing more important than participation in electing our representatives. But the law that developed in that case and in a number of other cases involved not electing the representatives of the people who voted for him, but electing representatives in other jurisdictions where the financing is used. In other words, that was a case that involved the right of an individual to spend as much of his money as he wanted to to elect representatives of other people.
He didn't use any of that money to elect his own representatives. And I think that's a distortion of the concept that we started with many, many years ago. JUDY WOODRUFF.
The last area that I want to ask you about is what this country should do about guns. You would change the wording of the Second Amendment to the Constitution to say the right of people to bear arms, to own a gun, should apply only when serving in the militia. Is it your ultimate hope that there would be no right to own a gun for self-defense?
Well, it would be my ultimate hope that legislatures would decide the issues and not be hampered by constitutional restrictions, because clearly legislators are in a much better position than judges are to do that. decide what should be permissible in different contexts. And the effect of the Second Amendment as it's now construed is to make federal judges the final arbiters of gun policy, which is quite wrong, I think, and quite contrary to what the framers intended when they drafted the Second Amendment, to protect states from the danger that a strong federal armed force would be able to do that.
been able to deprive the states of their own militias. When you look at all of these changes that you'd like to see in the Constitution, and whether it's campaign finance, redistricting or something else, do you believe the more conservative members of the Supreme Court have a partisan agenda? Do you think they are actually trying to get conservatives elected? No, I don't think so. I wouldn't question their motives at all.
I think they've come to the incorrect conclusion. conclusion, but I do think they have, where they've had chances to take a different tack, I think they've acted incorrectly. But I would not suggest that any of them were improperly motivated. Do you think you should have stayed on the court longer?
Should I have stayed on? No. If anything, I stayed on too long.
How does a justice know when it's the right time to retire? What do you think? Well, in my case, the tack, and remember the event that that triggered the specific decision. I announced my dissent in the Citizens United case orally, and I stumbled in my announcement.
I had a little difficulty expressing myself, and that was out of character. I used to have no problem at all with being articulate and coherent, and I took that as a warning sign that maybe I'd been around longer than I should. Justice John.
John Paul Stevens, thank you very much for talking with us. The book is Six Amendments, How and Why We Should Change the Constitution. JOHN PAUL STEVENS, Thank you. It's been a pleasure being here.