Today is Constitution Day, which for some reason led me to reflect upon how much I take for granted. One thing in particular that I used to take for granted, but, in light of recent circumstances, no longer do: the fact that our legal system has reasonable penalties for traffic violations and is constrained by the Eighth Amendment from imposing excessive bail, excessive fines or cruel and unusual punishments. This amendment now has special meaning for me and today, on the day when we all should but most of us (including me) don’t, take a minute to think about our constitutional legal system, I thought I would share with you why I (probably will but) should not ever again take for granted the Eighth Amendment.
I received a traffic ticket in Memphis at the beginning of August because I was driving with expired tags. (They came in the mail that afternoon. This, and the existence of the duck-billed platypus, prove to me that God has a sense of humor.) Well, violation of the Financial Responsibility Law necessitates a court appearance. I told the police officer that I was a student at UT and would have class on Friday approximately 400 miles away from 201 Poplar (Yes, in Memphis the address of the main police precinct is known and used colloquially. M.E.M.P.H.I.S.). The officer told me to call the court and ask if my dad would be able to appear for me.
I am a mature, responsible adult, so obviously I waited a month and a half, until five days before my court date, to even think about the ticket. After a good 10 minutes of searching, I found it and determined it was a good idea to read over the citation, front to back. Responsible, I know. Now keep in mind that at this point I was planning to have my dad appear in court on my behalf. The third paragraph on the back of my citation read:
“Failure to comply with this Summons will result in a default judgment being taken against you in an amount not less than the forfeiture established in city ordinance 21-50 but, up to fifty (50.00), plus cost, for each offense. Execution will follow. Failure to comply may also result in the suspension of your driver’s license.”
This was a shock, not the least because I had had no idea that my city government took its traffic courts so seriously. Memphis drivers are bad, but I’m not sure we deserve execution. And I’ve got to say, suspending my driver’s license after I’ve been executed seems spiteful. (It took all of my self-control just now not to say, “Seems like overkill…”)
I can only assume that paragraph means that if one fails to “comply with this Summons” that the fees mentioned will be “executed” against you. But that’s only a guess. I’m not really sure what the original intent of those sentences was, and what’s great is, I don’t have to be. I feel certain that whatever the penalty is, it is not the sort of execution that begins with a guillotine and ends with my death. And I can be certain of this, beyond a doubt, because my right against “cruel and unusual punishment” is protected by the Eighth Amendment of the Constitution: No one, except maybe that woman I cut in front of on Kingston Pike today, thinks beheading a fit punishment for traffic violations. (Which is wonderful news for me. And several of my friends, now that I think about it.)
Hopefully you will enjoy the rest of your Constitution Day. Odds are yours will be rather uneventful, like most of my Constitution Days have been. (Though we are celebrating my roommate’s 21st birthday tonight, so perhaps it will be forgetful in a whole other sense…)
Maybe it’s a good thing that we don’t remember our Constitution Days. I am the last person to advocate legal and judicial ignorance or being unaware of your rights as a citizen, but here’s a thought that struck me recently: We should thank God that we live in a country where we can take our Constitution for granted. We shouldn’t, but we do, and no harm comes from it. Of course there are contemporary threats to civil liberties and individual rights that must be addressed, but there always are, no matter the time period or the political issues or the party in power. What matters is that the rule of law reigns in our society and in our country, whether we reflect upon that fact every day or not.
Happy Constitution Day and good luck to the team Saturday. Hope you have a delightful week.
— Leigh Dickey is a junior in global studies. She can be reached at [email protected].