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.”