Yesterday at Peet's as I was waiting for my iced latte, a guy came up and asked, in his East Coast accent, whether I was from Philly (or "Philthy" as I like to call it for no other reason than that I like saying the word "filthy," but not for reasons having to do with any disdain I have for Philadelphia or Philadelphians, although you may recall how I greatly detest the song "Philadelphia Freedom" because "whipoorwhill of freedom" zapping Elton John right between the eyes? What the hell is that? Is it a good thing?) I get this question a lot, the one about me being from Philthy, especially from people from Jersey or Philthy. I think it has to do with my Liberty Bell tattoo.
"No, not from Philly," I replied.
"So what then; you just love liberty? Ha ha!"
That's when I explained that yes, actually I do love liberty (quite a bit) and that I got it back in the day when I litigated constitutional cases. And that my husband's last name is Bell, and if he ever leaves me I can still keep the tattoo because I'll always love liberty. You see, it works on so many levels. It's the Thinking Man's tattoo.
"You used to litigate constitutional cases? Hunh. What's the Sixth Amendment?"
I drew a complete blank, which is odd since I know my amendments, Baby, especially the Bill of Rights. I just stared at him feeling stoopid.
"Uhhhhhhh..." I said quite articulately, then I tilted my head and squinted because that always helps me think. Still, nothing came to me.
After an awkward silence he said, "It's okay, I was just kidding. I don't even know it."
"No, wait! I know this! I should know this. I can't believe I'm drawing a blank."
At this point let me say that I began to panic because just this past weekend I watched "Away from Her," a tearjerker about a woman who gets Alzheimers, the first sign of which became apparent when she put the frying pan in the freezer.(1) After watching it, I took pains to put all the cookware in its rightful place, and the flatware too. Yet here I could not recall the Sixth Amendment.
"Wait! I know it, I swear. I can't believe I'm blanking on it. The Fifth is self-incrimination and eminent domain,(2) the Seventh is a fair trial, Eighth is cruel & unusual punishment, Ninth is powers retained by the people, Tenth goes to the states, Eleventh is sovereign . . ." I could see he was uninterested.
"Don't worry, I don't even know my amendments. I was just picking one," he said, trying to escape me.
"But I do know! I should know! It's gotta be one of the criminal ones," I told him. "The fourth is search and seizure . . ."
"Is it the one about a woman's right to vote?"(3) he offered unenthusiastically.
"Well that's not really 'criminal.' [And yes, I used finger quotes] It was passed much later than the first ten amendments, also known as the Bill of Rights, which were ratified all together." At least I still remembered something.
"Yea, but aren't they always coming up with a lot of new amendments?"
"Um, no. It's actually not that easy to get one of those puppies ratified," I replied.
Then my drink order came up. I wanted to hang around until I thought of the Sixth Amendment, but honestly, I think the guy regretted starting a conversation in the first place. I went out to my car, where I sat for a bit trying to recall what the Sixth Amendment was. I tried to envision opening one of the sixty dozen copies of The Pocket Constitution that the Cato Institute has sent me, unsolicited and at random over the last ten years, but it wasn't working. Nothing was working.
It was only after I pulled out of the parking lot and sat at a stoplight that it hit me: Fair Trial. Right to Counsel. Gah!(4)
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(1) Several months ago Tyler Cowan of Marginal Revolution called this "one of the best movies I've seen, ever..." I decided to rent it on a night when Bell wasn't home because I knew he would never agree to sit through such stuff. I found it...meh. One (that is, I) can't help but compare it to "The Notebook," which was in some ways more watchable (Ryan Goslingggggghhhhhhhh) although it was burdened with images of James Garner's man-boobs. Incidentally, you know who has never steered me wrong on TV or movies? Bell's co-blogger, Glen Whitman. In the future, before I add things to my Netflix queue I need to ask myself, What Would Glen Do?
(2) I've always thought it quite peculiar that a right against self-incrimination and a right to be justly compensated when the government steals your property made for an odd pairing, much like headphones and extreme razors.
(3) I have a large framed photo in my home office which used to hang in my work office at IJ. It has a picture of a woman in front of an old car with the phrase "Repeal 18th Amendment" on the spare tire cover. Whenever someone looked at it and asked, "The Eighteenth Amendment . . . Which one is that?" I would reply, totally straight-faced, "Women's suffrage." This is the way I have fun with people.
(4) I consoled myself by remembering that waaaaay back when Bell had applied for a federal clerkship, the judge reviewing Bell's resume noted that he had published a paper on the Third Amendment, a rarely used, mostly forgotten little amendment (except in our house). The judge said to his clerk, "The Third Amendment . . . now which one is that?" At least I'm not that judge.
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