So as regular readers know, after finding fourteen clear factual errors in Richard Stengel’s June 23rd Time magazine cover story* on the Constitution, I have been on a crusade to embarrass the magazine until it corrects or retracts that story.  I have explained that I consider its publication to be a scandal, both because it appeared as the cover story and because who the author is:

The author is not only the Managing Editor for Time, but he spent two years as President and CEO of the National Constitution Center.  And even today, he works with the National Constitution Center’s Peter Jennings Project for Journalists and the Constitution, whose stated mission is “to help both professional journalists and students interested in journalism understand constitutional issues more deeply.”  That is right.  He is there to help journalists understand the Constitution better.

So I wrote an email to David Eisner, President and CEO of the National Constitution Center, asking (1) what Stengel’s role was in the Center, and (2) whether they had an official statement about this whole mess, particularly correcting Mr. Stengel’s inaccuracies.

Well, on Friday afternoon, I got this email in response:

from    David Eisner [email omitted]

to         edmd5.20.10@gmail.com

date     Fri, Jul 8, 2011 at 4:26 PM

subject Response to email

Dear Mr. Worthing,

Thank you for your email regarding Rick Stengel’s Time magazine cover article on the Constitution. As you’d imagine, the article has stirred up a lot of thoughts from people who care deeply about the Constitution, many critical and many supportive.  I’m sure you’re aware that the issues you raise go to the center of many of the most important current debates around how we view the Constitution.

We’re working to bring some of those thoughts and issues together and will share them on our blog http://blog.constitutioncenter.org in the coming days.

Best,

David E

David Eisner

President and CEO

National Constitution Center

“Whenever the people are well informed, they can be trusted with their own government.”

- Thomas Jefferson

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To give a quick review, on June 23, Richard Stengel wrote a cover story* for Time Magazine rife with factual errors.  On June 29, I published a piece here recording fourteen clear factual errors in that story.  I said at the time that I considered it a journalistic scandal that such an error-ridden piece appeared at Time Magazine as its cover story, and ever since I have been crusading to embarrass them into a correction.

But what is also embarrassing is that other media outlets have treated Mr. Stengel as though he was an expert on the Constitution.  Consider, for example, this blurp for a show on NPR entitled “Talk of the Nation” that aired on July 4:

In the fierce debates over health care, Libya, debt, gay marriage and other issues, Americans have been getting a lecture on the meaning of the Constitution and the intentions of its authors. Andrea Seabrook speaks with Richard Stengel of Time magazine and Yale law professor Akhil Amar about the political divide over the Constitution and how an 18th-century document applies in a 21st-century world. [emphasis added]

Now, I may not like Professor Amar personally, and I may vehemently disagree with him on many points, but I think it is fair to consider him an expert on the Constitution.

But as the other “expert,” we have Richard Stengel. Really, Andrea Seabrook?  You actually read that article, and thought he was an expert? Because it is important to stress that many of these errors are obvious to any lay person.  You don’t need three years of law school to know it is simply incorrect to say “[i]f the Constitution was intended to limit the federal government, it sure doesn’t say so.”  You only have to know that there is such a thing as the First Amendment or the Second.  Nor do you need complicated legal instruction to know that it is incorrect to say that the Constitution is not law—most people learn in elementary school that the Constitution is the supreme law of this land.  And one doesn’t need a particularly deep understanding of the Constitution to become concerned when one sees Stengel declare that “[i]n drafting the 14th Amendment, Congress … wanted to emancipate blacks and allow them to vote.”  I consider it fairly common knowledge that it was actually the Thirteenth Amendment that ended slavery, and the Fifteenth that outlawed racial discrimination in the franchise.  These errors should have been obvious to anyone reading Stengel’s piece, and utterly undermined any claim he could make to be an expert.

A reasonable radio host, doing due diligence, would have realized that they only had two options with Mr. Stengel.  She could either grill him about the serial inaccuracies in his article.  Or, she could drop him as a guest entirely and find a true expert on the Constitution to replace him.

And while they were at it, they could have added a conservative expert on the Constitution to balance the debate.

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About a week ago I published a post at Big Journalism outlining fourteen clear factual errors in Richard Stengel’s essay on the Constitution.

I said at the time that I considered it a journalistic scandal that such an error-ridden piece appeared in Time magazine, a once-respected publication.  For instance, in the article he stated remarkably that “[i]f the Constitution was intended to limit the federal government, it sure doesn’t say so.”  I have dubbed this scandal “Stengel-gate.”

I also considered it scandalous because of who the author, Richard Stengel, is:

The author is not only the Managing Editor for Time, but he spent two years as President and CEO of the National Constitution Center.  And even today, he works with the National Constitution Center’s Peter Jennings Project for Journalists and the Constitution, whose stated mission is “to help both professional journalists and students interested in journalism understand constitutional issues more deeply.”  That is right.  He is there to help journalists understand the Constitution better.

It has been about a week and the story has even appeared on Fox News.  And yet there is apparently no correction, no retraction of the story, or even a defense of it.

So frankly in an effort to keep the heat on, I decided to explore the other end of the scandal: what on earth was he doing working at something called the National Constitution Center?

I plan to spend several days discussing that issue and to kick it off, I decided to write a letter to its current President and CEO, the man holding the position that Richard Stengel once occupied: David Eisner.

So on Tuesday night, I wrote to him directly.  You can see the letter I wrote below the fold (the format is slightly altered by wordpress itself).

I do not know if he will respond or how he will respond.  But whatever his reaction is, even a non-response, will reflect on him and his organization.  And that in and of itself is noteworthy.

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