MORE THAN WORDS
By Harper Estes
Aristotle aptly said, “Man, when perfected, is the best of animals,
but when separated from law and justice he is the worst of all.” History
has proven the truth of this statement time and time again. The importance
of the Rule of Law to each of us is difficult to articulate and easy to
take for granted. However, to remain a free society, we must strive to understand
its importance and continually remind one another not to take it for granted.
It is interesting that immigrants and the children of immigrants are often
the least likely to forget the importance of the Rule of Law because they
have some understanding of what it means to live without such protection.
Stephen Zack, president-elect nominee of the American Bar Association, is
one such immigrant. His family fled Cuba
for the United States
in 1961 and Steve saw firsthand what happens when the Rule of Law breaks
down. In 1960, the Cuban Constitution was identical to that of the United
States. As Steve reflected in remarks to the American Bar Association House
of Delegates, “Constitutions are words, only words, unless those words
are understood, the obligations are accepted by the citizens, and the liberties
protected.”
Steve related that his grandfather was twice a refugee — first, leaving
Russia for Cuba early in the 20th century to avoid religious persecution
and again leaving Cuba late in life. In spite of these hardships, Steve’s
grandfather, at the time of their departure from Cuba, expressed hope for
the future. Steve asked his grandfather how he could be optimistic at such
a time and recalled his grandfather’s reply: “He said he was
going to America and he knew he would never be a refugee again because if
America fell there would be no place else to go.” Steve said those
were words he would never forget — nor should we.
Liberty that is secured by law can be lost
quickly as was the case with Cuba
in the 1960s. No less tragic however would be an incremental loss that occurs
over years or even decades. It would be arrogance on our part to believe
that our constitution could not become mere words if we, the people, are
not willing to do our part to ensure its continued existence as a way of
life. Those of us who are privileged to practice law are the guardians —
but not the owners — of the Rule of Law. It is a gift our forefathers
left to all the people and each of us has a stake in protecting, nurturing,
and sustaining our constitutional form of government.
Your role may be as simple as showing up for jury duty, becoming or remaining
an informed voter, and fostering respect for our system of justice. We can
each play a part in insisting that we educate all Americans about our constitutional
form of government and insisting on adequate funding and support for the
third branch of government, the judiciary.
Albert Einstein said, “As long as I have any choice, I will stay only
in a country where political liberty, toleration, and equality of all citizens
before the law are the rule.” We have such a choice. Together we must
work to secure these freedoms for this and future generations. As we celebrate
Law Day 2009, I ask you to consider your part in fulfilling our obligations
so that our constitution will always be more than just words.
For more information and resources
regarding education on the Rule of Law and its importance to all citizens,
visit www.texasbar.com/justicefortexas.
Harper Estes is president of the State
Bar of Texas.
He is a lawyer and mediator in Midland.
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