U.S. Senator Russ Feingold, D-Wis., spoke Friday at the UW-Madison Law School Thomas E. Fairchild lecture about his responsibilities as a legislator to uphold the Constitution.
Ken Davis, dean of the UW-Madison Law School, introduced Feingold, who is the 17th annual speaker in the series of lectures to honor UW-Madison Law School graduate Thomas E. Fairchild.
\Senator Feingold quickly emerged as a national leader on a wide variety of issues including health, campaign finance reform and civil rights,"" Davis said.
Feingold said his oath as a lawmaker often intersected with law making and politics in unexpected ways.
He spoke first of a separate oath he took in 1999 during the impeachment trial of former President Bill Clinton.
Feingold was the only Democrat to vote with Republicans in favor of hearing all evidence before dismissing the trial. He said this was one of many instances where he strived to move beyond partisanship to uphold the constitution.
""An oath binds us in unexpected ways, and shifting loyalties often transform the oath,"" he said.
Feingold also said he views the constitution not as an obstacle to reform, but as a restraining force.
Feingold said a current legislative problem is the practice of drafting a Constitutional Amendment in times of trouble.
""The constitution was not a rough draft, and we should not treat it as such,"" he said.
He specifically referenced the haste with which the Patriot Act was drafted, and spoke of the urgent need Congress felt to take action.
Feingold was the only U.S. Senator to vote against the USA Patriot Act because he felt it violated specific liberties.
""Those events [on September 11th] tested every American's limits of faith, fears and grief,"" Feingold said.
Feingold fought for several changes in the Patriot Act, which were eventually blocked by the White House.
The senator said that one of his most rewarding experiences was working on the McCain-Feingold Act of 2002, which fought to restructure campaign finance reform.
""It was money and not ideas that mattered, and people began to see the government as corrupt,"" he said.
UW-Madison Law School Professor James Jones asked Feingold what he would do if the courts made the wrong decision about a piece of legislation.
Feingold replied that if judges were not acting in accordance with the Constitution, he would strive to get judges that would make the right decisions.
