Published: September 15, 2009 11:27 pm         

Indiana Supreme Court chief justice: U.S. democracy has great influence around globe

TERRE HAUTE — Taking a look around the world, the most visible export from America into the foreign marketplace could arguably be the fast food of McDonald’s.

But Randall T. Shepard, chief justice of the Indiana Supreme Court, said he knows that American democracy has more of an influence on the world than the Golden Arches.

“The interest in American legal ideas is ongoing and serious in most places,” Shepard said Tuesday afternoon after talking about “The U.S. Constitution as a Great American Export” to kick off Constitution Week at Indiana State University.

“You can go to many places, and the people of good faith aspire to a democratic system,” Shepard said. “Iran is a perfect example of people in the streets asserting the value of free and open elections.”

Lawmakers and judges in other nations also come to America to see courts in action, where judges use the rule of law to fairly decide outcomes. Shepard said he recently had a judge from Iraq observe the functions of the state’s highest court, where Shepard has served since his appointment in 1985. Observers will see that the laws exist for the orderly operation of government and society, but it is fair enforcement of those laws through the judicial process that makes government effective.

While rulers of some nations, such as former Philippines leader Ferdinand Marcos or Panamanian dictator Manuel Noriega, will claim to have a Bill of Rights, Shepard said, those regimes did not have a judiciary separate from the legislative or executive branches of government to provide the “checks and balances” that have worked for American government.

In fact, nations such as the former Soviet Union had only “puppet” judges who ruled according to what the political bosses wanted the outcome to be, he said.

There is a broad array of ways American constitutional laws are exported. A current issue for some American companies now is intellectual property law, which allows companies to protect their products from being duplicated or pirated. That is a major issue for the entertainment industry, which often blames China for the pirating of music CDs and movie DVDs, resulting in a loss of revenue. It is also an issue for information technology companies that would like to expand into the Asian market, but fear piracy of their products.

Working with countries such as China and India to enact and enforce laws that protect intellectual property is another example of how American constitutional law can be exported to benefit all citizens and economies.

Shepard encouraged the ISU community to invest its time and energy in preparing inquisitive minds that will make new discoveries in the area of law. Just as penicillin was a laboratory accident that turned into a miracle drug, he encouraged students to look for new ways to create rules of law. One ongoing example in Indiana is in local trial courts, where some judges are working on new rules for family law that will improve the process of divorce and child custody.

Shepard closed his ISU address by noting that Tuesday marked the 100th anniversary of his own grandmother’s arrival at ISU to study education.

It seemed fitting, therefore, that ISU President Dan Bradley presented Shepard with the President’s Award for Distinguished Public Service and Outstanding Achievement, which has been presented only eight times previously since its creation in 1973.

Previous recipients have included Stan Jones, former Indiana higher education commissioner; Tony and Mary Hulman, owners of Hulman & Co. and the Indianapolis Motor Speedway; entertainers Bob Hope and Doc Severinsen; legendary college basketball coach John Wooden, who began his college career at Indiana State; former NBA coach John MacLeod; Olympic athlete Bruce Baumgartner; and NBA Hall of Famer Larry Bird.

Constitution Week events at Indiana State will continue Wednesday with a film on Patsy Mink, the first woman of color in Congress, and conclude Thursday with a day of events at Cunningham Memorial Library.

ISU’s observance of the 222nd anniversary of the U.S. Constitution is sponsored by the American Democracy Project, the Center for Public Service and Community Engagement, and by Cunningham Memorial Library. All Constitution Week events are free and open to the public.

Lisa Trigg can be reached at (812) 231-4254 or lisa.trigg@tribstar.com.