Attempts to bypass the Constitution or to work around our justice system weaken its effectiveness. They erode the public’s trust in our leaders and our expectation of fairness in the courts. No one is above the law.
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In 1958, President Dwight D. Eisenhower established Law Day as a day of national dedication to the principles of government under law. Starting in 1961, Law Day has been celebrated annually on May 1. It is a time to reflect on the significance of the Constitution and all the rights and privileges it affords us.
Among the Constitution’s guiding principles are those ensuring all people are entitled to freedom of speech, the right to due process, and to equal protection. These rights are afforded to everyone with their feet on (or above) American soil, regardless of their wealth, status, or beliefs.
The rule of law affects us all in one way or another and, for most of us, has little to do with political freedom. Think of buying a home or starting a business without the confidence of knowing the rule of law and the courts were there to help ensure your civil and commercial rights were protected and enforced. Imagine not having effective recourse if you felt those rights were being compromised. For almost 250 years, these principles have set us apart from other countries.
At the center of the rule of law is an independent judiciary, which is paramount to our democracy and the separation of powers upon which it is built. Judges must be able to make decisions based on the law and the facts of a case, not due to fear of political pressure, intimidation, or retaliation. Lawyers must be free from intimidation or retribution when representing clients and ensuring their clients comply with court orders, even those adverse to the government. This autonomy is critical to the U.S. justice system and essential to upholding the rule of law.
Attempts to bypass the Constitution or to work around our justice system weaken its effectiveness. They erode the public’s trust in our leaders and our expectation of fairness in the courts. No one is above the law.
In too many cases, the mantra of the President Donald Trump Administration appears to be, “It’s better to ask for forgiveness than permission, but it’s best to ask for neither.” Embarrassingly, we read almost daily of actual (and sometimes flagrant) constitutional and statutory violations committed by the federal government. Among other chaotic and wildly unconstitutional ideas inundating the public square today, we hear calls for the impeachment of judges simply for issuing such decisions. These calls must be loudly met and rejected.
Confusion breeds fear, and fear often results in silence. Now is not the time to remain silent. On May 1, members of the Worcester County Bar Association participated in an oath reaffirmation ceremony, swearing to uphold the constitutions of the U.S. and the Commonwealth of Massachusetts. All of us, regardless of heritage, education, profession, or political leaning, owe it to ourselves, our fellow Americans, and to our prosperity, to do the same.
Ryan Avery is a partner at Worcester law firm Seder & Chandler and president of the Worcester County Bar Association.
