Monday, May 5, 2008

Law Day

Since 1958 when President Eisenhower first designated May 1st as Law Day this day has been celebrated in the United States as a day on which the law and the rule of Law are recognized for the role they play in our society and the importance these concepts have to the notion of ordered liberty which is at the very foundation of the political system upon which our nation was built.

Law Day is codified in the statutes of the United States in 13 U.S.C. 113 in which May 1st is designated as a special day of celebration by the people of the United States in appreciation of their liberties, the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law. It is further set aside as a day for the cultivation of the respect for law that is so vital to the democratic way of life.

The United States of America and the various constituent States which make up our country is awash in laws passed by the various Federal, State, and local governments and their administrative agencies. These laws in conjunction with the constitution of the United States, govern the interactions between people, governments and corporate entities. They set out our rights and our obligations and ease the friction where these two competing concepts clash. The law, and lawyers ,as those who are the advocates of the rights of one and the obligations of another, hold the fabric of our political and social network together. To disregard the law and ignore the rule of law is to start down the path toward the disintegration of our country, our values and our way of life.

It is a civil duty of citizens of this nation to strive at every moment to preserve the rule of law and respect for our legal system. Principal to this duty is the duty to preserve the dictates of the Constitution and the limits that the Constitution places on government's ability to propagate laws. We must always stand vigilant against the possibility that government, as the only entity which can create laws, shifts the balance between rights and obligations in favor of government through the writing of, judicial interpretation of, and execution of laws to that end. The defense against such action is strict adherence to the Constitution and the principles laid forth therein.

The Constitution of the United States is the primary law of this nation and the several states. So long as the rule of law is respected there can be only one long term and systematic threat to the Law as laid forth in the United States Constitution. Paradoxically, that threat comes from the law. Specifically, from the law as written by legislative bodies, implemented by administrative bodies and interpreted by judicial bodies.

Law day should serve to remind us all that preservation of the rule of law is vital to the long term survival of our society. However, adherence to the rule of law to the exclusion of a critical analysis as to whether the law poses a threat to the principles of the Constitution would lead to an insidious transformation of our society and render our nation unrecognizable. To this end, Law day should serve to compel us to recognize that laws that subvert or dilute the constitutional imperatives are not worthy of our respect or our adherence.

At Maughan & Maughan, Law day is a day where we rededicate ourselves to our mission to stand as defenders of the constitute and protectors of those who's rights might be infringed upon by the government, a corporation, or another citizen.

No comments: