NEWS AND ANNOUNCEMENTS

May 1 is Law Day.  This date is set aside to honor the rule of law in the United States.  President Dwight Eisenhower started Law Day in 1958 through a proclamation intended to enhance the public’s understanding of how law contributes to American freedom, liberty, and justice.  As the proclamation read, “In a very real sense, the world no longer has a choice between force and law.  If civilization is to survive, it must choose the rule of law.”  In 1961, Congress made the proclamation into law through a joint resolution establishing May 1 as Law Day.

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As we look back over our history, we see the tremendous strides women have made in the legal profession since the start of the twentieth century. More than half of the graduates of law schools are now women. Four women are associate justices of the United States Supreme Court. Women make up approximately 33 percent of federal judges and 30 percent of state judges. And women are represented on all of the states’ supreme courts.

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February is Black History Month. It is designed to honor and recognize “the too-often neglected accomplishments of Black Americans,” as stated by President Gerald Ford in 1976. We devote this article to one such Black American’s accomplishments.

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To better secure the people’s liberty, the Constitution divides the power of the federal government among three separate and coequal branches.  The judiciary is one of these separate and coequal branches.  What does this mean in practical terms? 

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In past columns, we have discussed how the judiciary functions, its importance in our democratic republic, and how federal judges are appointed. In this column we will discuss the importance of judges being open to new ideas, even challenging ideas. Because one aspect of judging that is necessary, even if not widely discussed, is that judges must not be so committed to preconceived thoughts or ideas that they have difficulty reaching a fair and impartial decision in a case.

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The very essence of representative democracy is holding free and fair elections in which the people get to make their choices through voting.  No one needs a reminder that November is voting month.  Our televisions are inundated with political commercials.  Our mailboxes are filled with political circulars touting one political candidate or another.  On our tablets, cellphones, and laptops, we see online political ads.  November is undoubtedly the season for voting.

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We are living in a time when we can take for granted so many things that a mere hundred years ago would have been considered miracles or the height of fantasy. We enjoy products that make life easier and more pleasant, and even products that prolong life itself. In our work we have many tools that increase our efficiency and allow us to be more productive. In our health care we receive treatment through an ever-increasing array of medications, medical procedures, and medical equipment.

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Constitution Day is September 17. Congress set this day aside in 2004 for us to honor the signing of the Constitution in Philadelphia, Pennsylvania, on September 17, 1787. In the law establishing Constitution Day, Congress also required that all publicly funded educational institutions and federal agencies provide educational programing on the history of the Constitution on this day.

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The United States is rare among the countries of the world in having a jury system. A system in which ordinary people, randomly selected from a cross-section of the community, are brought in from their homes and everyday pursuits, always at considerable inconvenience and sometimes even at a sacrifice, to participate in government decision-making. In criminal cases, juries decide whether individuals should be charged with a crime and whether those accused of crimes should be found guilty. In civil cases, juries decide whether someone is liable at law to someone else and, if so, what amount of money must be paid. In many other countries, all these decisions are made by government officials. In our country, no person can be deprived of life, liberty, or property by the government without the consent of citizens acting as jurors.

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Several recent Supreme Court opinions have sparked a great debate in our nation about the role and function of the Supreme Court, and to a lesser degree federal courts in general. One aspect of this debate concerns the power of the unelected Supreme Court to overturn laws passed by the elected Congress and signed into law by the elected President. The debate extends to the power of the Court to overturn laws passed by states. Some critics argue this is undemocratic and an unelected body should not have this power. They also correctly point out that this power, called judicial review, is not mentioned in the Constitution itself. So where does it come from?

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