America’s ‘rule of law’ faces erosions from within

On May 1 we celebrate the 50th anniversary of National Law Day, created in 1958 by President Dwight Eisenhower as a “day of national dedication to the principle of government under law.” Although its holiday siblings — Memorial Day and the Fourth of July — get all of the fanfare, it is the rule of law as recognized on this day that provides our nation its inherent strength.

During the height of the Cold War, Law Day was counterpoised against May Day as feted in the Soviet Union. Rather than having a military parade with commanders worshiping the latest missiles rolling through Red Square, we in America were proud to recognize that we were a nation founded on the rule of law, rather than brute force. Indeed, the fall of the Soviet Union demonstrates that the rule of law will persevere against tyranny.

Americans must remain vigilant to assure that the principles of our Constitution remain our guiding light. It has been said that one of the greatest threats to democracy is apathy. If we take for granted that our rights will be protected, we may not recognize that the rule of law is being attacked through incremental changes from within our government. While our country faces a very real danger from terrorism, we should not lose sight of the very real dangers that threaten the rule of law here at home.

These dangers include:

• Attacks on the jury system by the president of the United States and various candidates for high office. Calls to eliminate jury trials in civil cases threaten to undermine one of the great protections guaranteed by the federal and state constitutions.
  
  
• Efforts to eliminate or significantly reduce the power of the courts to issue writs of habeas corpus. While most Americans will never have to seek such a writ — through which a person can seek relief from unlawful detention —habeas corpus has provided the last line of defense from wrongful imprisonment in the past, and its ongoing vitality serves as a vital tool in our system of checks and balances.
  
  
• The ongoing detention, without trial, of the Guantanamo detainees. The government should either bring these individuals to trial as accused criminals, or treat them as prisoners of war protected by the Geneva Convention.
  
  
• The use of presidential signing statements to tacitly modify laws passed by Congress
  
  
• The use of regulatory preambles to preempt state tort laws in the absence of any expression of legislative intent.

Here in Maine, the rule of law is jeopardized by the continued unwillingness or inability of the legislative and executive branches of government to fully and adequately fund the judicial branch. Our state judiciary cannot continue to perform the functions entrusted to it by the Maine Constitution unless it has the funding to operate the courts in an orderly manner. Likewise, the state must continue to pay for constitutionally required counsel on a timely basis. Otherwise, many of our residents will be deprived of their fundamental right to counsel when they stand before the court accused of a crime for which they are presumed innocent.

Another barrier to the rule of law in our state is the inability of many people to hire a lawyer to represent themselves in civil cases where basic human needs are at stake. Maine’s Justice Action Group observed in its recent report that the majority of Maine residents do not have legal representation in complex family law cases, domestic abuse, evictions and other legal matters. Although Maine’s lawyers are among the nation’s leaders in their donations of time and money to provide adequate legal services, this report shows that much more remains to be done to make all Maine residents equal under the law.

In recognition of the 50th anniversary of the rule of law, I ask all Maine people to do two things. First, continue to remain vigilant defenders of our Constitution and our duly enacted laws. When proposals or arguments are made that threaten basic liberties, express your opinions in the marketplace of ideas, the First Amendment guaranty of freedom. Second, educate yourselves on the candidates for office and vote for the candidate, regardless of party affiliation, who is most likely to enhance the rule of law.