There are countless works of art that reflect our constitutional ideals of liberty, fairness, and equality before the law. I can only make a brief start on that list.
The greatest legal and social challenge we face as a nation is to overcome racial and ethnic hostility. Some early works of art are worth studying because they give us insight into race hatred or notions of racial superiority. "The Birth of a Nation" (1915)is deliberately malignant in its celebration of the rise of the Ku Klux Klan, while "Gone With the Wind" (1939) is thoughtlessly insensitive in its romanticized depiction of plantation life. Even well-intentioned attempts at racial tolerance like Disney's "Song of the South" (1946) are difficult to watch today, but are still instructive of what our racial attitudes used to be.
Other works of art redeem American culture in this regard. "Huckleberry Finn" is perhaps the greatest American novel – if so, it is because Mark Twain leads us to see Jim through Huck's eyes. Similarly, in "South Pacific," (1958), "West Side Story," (1961), "Guess Who's Coming to Dinner" (1967) people in love help us to cross the racial divide.
Most of the Bill of Rights is devoted to ensuring that defendants will enjoy a fair trial – this is also a staple theme of popular culture. As mentioned in previous posts, our westerns, detective shows, and courtroom dramas are concerned not only with our desire to seek justice, but also with our duty to mete it out fairly – consider just these three Henry Fonda films: "Twelve Angry Men" (1957), "The Wrong Man" (1956), and "The Ox-Bow Incident" (1943).
Other constitutional issues are also brought home to us through art. Spencer Tracy and Fredric March articulate the conflict between creationism and evolution in "Inherit the Wind," and therefore help us to better understand the proper relation between government and religion. Similarly, Dustin Hoffman and Robert Redford track down the President's wrongdoing in "All the President's Men," employing the mechanism of the First Amendment to enforce the principles of Separation of Powers.
It is not be surprising that our most fundamental values should find expression in our greatest and most popular works of art. In tommorow's final installment of this series I suggest that the underlying presence of these values implies upon us an obligation to take advantage of the rich cultural heritage of our beloved country.
Professor Huhn is taking a two-week break from Constitutional Law with this ten-part series "America the Beautiful" exploring different aspects of American culture. Please add your favorites to the songs, poems, and other works about our country.
