Let Freedom Ring Again

 

Today the United States of America turns 237. Pretty impressive if you ask me. It is the longest lasting democracy in the World and the model for almost every other free nation in the world. I consider it a blessing to live in the greatest country on the earth. I’m grateful for those men and women in the armed forces that sacrifice their lives to protect our freedoms.

There are also people closer to home though that fight for freedom as well. Since I’ve been in law school I’ve recognized the important roles that lawyers play in society. People are not able to effectively access the system (i.e. their rights without lawyers). One of the most vivid memories I have observing a court proceeding is a child support modification proceeding where the mother was on the opposing side of the attorney I was working for and decided to represent herself. She just thought she could tell a sad story to judge and win. She couldn’t even tell her story because of the rules of evidence. I felt so sad for her because that could have been avoided if she would have just had a lawyer, and the outcome would have been a lot better for her. Point is: Always get a lawyer. They know the rules and are always looking out for their client’s interest.

 

J. Reuben Clark was one such lawyer who stood up for the freedoms that Americans have. One of his first cases was fighting anti-Japanese discrimination in California. He was also influential in formulating America’s foreign policy with Latin America. He also recognized the importance of everyday Americans making sacrifices for their rights and freedoms that they possess as Americans. "A few generations back, your ancestors gave their lives to establish democracy on this continent: your grandfathers fought and died to give the freedom of that democracy to all men, irrespective of race or color;...some of them never returned.  The price of human liberty has always been human suffering and human sacrifice.  You may have to determine how much this freedom which has come to you without price, is worth to you...what price will you pay, whether, if necessary, you also will make the final sacrifice as did your forefathers."

 

 We are in need of these sacrifices more now than ever. As he said in 1942: “You and I have heard all our lives that the time may come when the Constitution may hang by a thread. I do not know whether it is a thread, or a small rope by which it now hangs, but I do know that whether it shall live or die is now in the balance.” Recent news stories show that this is hanging in the balance. Government spying on millions of Americans. The Executive Branch using federal agencies to unfairly scrutinize conservative political groups. Obamacare.

The recent decisions on gay marriage also provide insight into this idea of hanging by a thread. Both of the decisions were decided by a 5 to 4 margin. In both cases there was one freedom fighter in my eyes: Justice Kennedy. I agree with both his majority opinion in the DOMA case and his dissent in the Prop8 case. DOMA, as applied by the Federal Government was clearly unconstitutional. They were discriminating against married couples. Not allowed. Simple as that in my eyes.

 

I find the Prop8 decision more disturbing though. The majority essentially said if a state government decides to not do its job, the people have no authority to hold them accountable. This decision essentially gives the Executive Branch an infinite veto over the will of the people.  This is ironic because the reason California instituted the referendum process is because they wanted to bypass the government all together and pass laws according to the will of the people. Apparently that can only go so far because the Court said the defenders of Prop8 didn’t have standing to bring the suit.

Justice Kennedy’s opinion hits the ball out of the park. It recognizes how California gives its citizens great power through the referendum process. It allows them to govern themselves when the government just isn’t getting it done. As Kennedy points out, the California Supreme Court already authorized the defenders of Prop8 to bring the suit because they recognized the important role that people play in the referendum process in California.

Even more important was Kennedy’s recognition of where all government authority derives from: The People.  It wasn’t the government who formed a more perfect union. It was the People! "In the end, what the Court fails to grasp or accept is the basic premise of the initiative process. And it is this. The essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around. Freedom resides first in the people without need of a grant from government." Regardless of where you stand on the issue, the people should have at least had a chance to defend the proposition that they passed.

In essence, it’s up to us to stand up for our rights. If we don’t who will?  As Jefferson warned towards the end of the revolutionary war about how forgetful we as a nation will become:  “They will be forgotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this war, will remain on us long, will be made heavier and heavier, till our rights shall revive or expire in a convulsion.”