CONSTITUTIONAL REFLECTIONS ON THE BSI R. B. Bernstein Distinguished Adjunct Professor of Law, New York Law School 6 January 2011 I thank Jon Lellenberg for inviting me to this august gathering, and I salute him not only as the leading historian of the BSI but also as the author of the only extended commentary on the BSI Constitution and Buy-Laws. As to why I am here: I have been asked, as both a constitutional historian and a longtime worshipper at the shrine of Sherlock Holmes, to give a critical exegesis of the Constitution and Buy-Laws of the Baker Street Irregulars. In so doing, I promise to follow the Master’s habit of terseness, for as you know, “he has never been known to write when a telegram would serve.” First is that matter of terseness. Americans live under a Constitution often admired for its brevity, but by contrast with the BSI Constitution and Buy-Laws, the Constitution of the United States is distressingly prolix, running at about 4440 words, with the 27 amendments adding a further 3500 words. The Constitution of the BSI is 138 words, and the Buy-Laws add a further 217. Second, the purpose of the BSI codified in Article II of its Constitution is “the study of the Sacred Writings.” Not only that article but the whole of the BSI Constitution and its Buy-Laws are models of clarity and precision, leaving no room for labored brawling over original intent, understanding, or meaning. Third, the BSI Constitution creates a society admirably egalitarian and meritocratic. It imposes no tests of religion (save for devotion to the Sacred Writings), language (save for ability to comprehend the Sacred Writings), nationality, ethnicity, or race. And the once-notorious BSI custom of excluding women has no sanction in the BSI Constitution; it was a matter of custom and usage apparently introduced in the Buy-Laws and now thankfully discarded. Finally, I juxtapose our happy privilege of having heard the BSI Constitution and Buy-Laws read aloud with the odd ritual that took place this week, when the U.S. House of Representatives began the 112th Congress by reading aloud the entire Constitution of the United States, with all 27 amendments. We know what our founding documents mean, but do they?

CONSTITUTIONAL REFLECTIONS ON THE BSI

R. B. Bernstein

Distinguished Adjunct Professor of Law, New York Law School

6 January 2011

I thank Jon Lellenberg for inviting me to this august gathering, and I salute him not only as the leading historian of the BSI but also as the author of the only extended commentary on the BSI Constitution and Buy-Laws.

As to why I am here: I have been asked, as both a constitutional historian and a longtime worshipper at the shrine of Sherlock Holmes, to give a critical exegesis of the Constitution and Buy-Laws of the Baker Street Irregulars. In so doing, I promise to follow the Master’s habit of terseness, for as you know, “he has never been known to write when a telegram would serve.”

First is that matter of terseness. Americans live under a Constitution often admired for its brevity, but by contrast with the BSI Constitution and Buy-Laws, the Constitution of the United States is distressingly prolix, running at about 4440 words, with the 27 amendments adding a further 3500 words. The Constitution of the BSI is 138 words, and the Buy-Laws add a further 217.

Second, the purpose of the BSI codified in Article II of its Constitution is “the study of the Sacred Writings.” Not only that article but the whole of the BSI Constitution and its Buy-Laws are models of clarity and precision, leaving no room for labored brawling over original intent, understanding, or meaning.

Third, the BSI Constitution creates a society admirably egalitarian and meritocratic. It imposes no tests of religion (save for devotion to the Sacred Writings), language (save for ability to comprehend the Sacred Writings), nationality, ethnicity, or race. And the once-notorious BSI custom of excluding women has no sanction in the BSI Constitution; it was a matter of custom and usage apparently introduced in the Buy-Laws and now thankfully discarded.

Finally, I juxtapose our happy privilege of having heard the BSI Constitution and Buy-Laws read aloud with the odd ritual that took place this week, when the U.S. House of Representatives began the 112th Congress by reading aloud the entire Constitution of the United States, with all 27 amendments. We know what our founding documents mean, but do they?