An interview with Nelson Tebbe'91

How has your political outlook changed since Brown?

My orientation these days is strongly shaped by constitutional law and, consequently, my attention is largely directed toward the points of intersection between law and politics. So today when I think about democratic politics I often consider the institutional differences between legislatures and courts and whether certain questions of national importance are better decided by one or the other. During the current presidential campaign, I am paying particular attention to the places in which the candidates must pursue their agendas through the blunt instrument of nominations to the Supreme Court—for instance, on abortion policy or school prayer.

What have been the most motivating forces in being involved in politics through work or volunteerism?

I have come to realize that it is difficult to realize a vision for a more just society—even a fairer legal order—without recourse to politics at some point. I did not study political science at Brown (instead I concentrated in Religious Studies) but I found that an interest in social betterment led me inevitably to institutions controlled by democratically-elected officials.

What advice would you give to current Brown graduates going into politics, law and/or public policy?

Due largely to the legacy of the civil rights movement, in which public interest litigation played an important role, some college students see training in law as the best or only path to public effectiveness. However, today it is quite possible to realize visions of a better society through other means—political, social, or economic. A law degree can be helpful, depending on your particular interests and goals, but it is not always necessary.

What is your forecast for the presidential race this fall or for any other elections (national, state or local) on which you would like to comment?

It would be unwise to speculate at this point. A great deal depends on a small number of undecided voters in key states. Rhode Island is not among those states, but interested students can make a difference by traveling to Ohio, Pennsylvania, or other battlegrounds and helping to register voters there.

Do you feel that our political process still serves the founding principles of our country in our modern times?

I do. While there is reason for concern—for example, the electoral college seems outdated, our campaign finance system is far from perfect, and there are problems with congressional redistricting, to name just a few—fundamentally the American political and constitutional system continues to support just the sort of nationwide conversation that we need.

Nelson Tebbe’s scholarship focuses on the relationship between religious traditions and constitutional law, both the United States and South Africa. In the domestic context, an article that recently appeared in the University of Pennsylvania Law Review argues that the government ought to be able to deny support to religious entities, subject to certain limits imposed by core First Amendment principles. With respect to South Africa, he has written several pieces concerning the tension between African traditional communities and individual rights. One of these was published in The Georgetown Law Journal and another is forthcoming in The Journal of Religion. He teaches Constitutional Law, Law and Religion, and The Legal Profession.

Professor Tebbe is Co-Chair of the Nominating Committee, and a member of the Executive Committee, of the Law and Religion Section of the American Association of Law Schools. Before teaching, Tebbe clerked for Judge John M. Walker, Jr. on the United States Court of Appeals for the Second Circuit and practiced law at the American Civil Liberties Union and at Davis Polk & Wardwell.

A graduate of Yale Law School, Professor Tebbe also earned a Ph.D. with distinction from the University of Chicago Divinity School. He was a Fulbright Scholar at the University of Cape Town from 1993 to 1994 and a Martin Marty Center Dissertation Fellow at the University of Chicago from 2004 to 2005.