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Law Day Essay Contest Winners 2008 "The Rule of Law: Foundations for Communities and Equity" Kaitlin Michelle Harper Central High School
Division I - First Place The rule of law is essentially the principle that no one is above the law and everyone is subject to the laws constraints. It is based on the understanding of laws that stabilize the government and society as a whole. The laws of a society should reflect the people that make up that society. People are more willing to obey laws that are made from and for them, instead of having a ruler force them upon them. No government is perfect, but the rule of law allows the citizens to try and make it the best with little government involvement and their say in what happens in their society. In the United States the Constitution is the "supreme law of the land" and the rule of law is based on its idea that "all men are created equal". The constitution is the backbone to the American government. It sets up how the government is to be laid out and ran. The framers of the Constitution wrote it so that it would last through the many different time periods. They also did not set anything in stone that might later be taken advantage of by future leaders. The framers knew that as time progressed new things would have to be added to it or that it would have to be changed. The constitution is flexible to the changing generations, but not too flexible to where it can be altered completely. In America’s democratic government, the supreme authority rests with the people. The people of the United States are free and are guaranteed rights that protect them from the government. According to the rule of law, each citizen has the same rights as all other citizens; no more or no less rights. As a free nation, many Americans do not realize how fortunate they are to have rights and freedoms that protect them from the government. The Bill of Rights was added to the Constitution to protect the people. Americans are given rights such as the freedom of speech, press, religion, assembly, the right to bear arms, right to a fair trial, freedom from unreasonable searches by the police and freedom from cruel and unusual punishments. The rule of law and people’s everyday lives can be linked through the people’s overall safety and health, and in their jobs and education. The government makes and has laws that will benefit the people in their lives. The government should only have the people’s best interest in mind. Laws would not be passed that would hurt or harm the people and cause them to live in societies distinguished by violent behavior, poverty, and ignorance. The rule of law is there to promote communities of opportunity and justice. Henry David Thoreau said, "That government is best which governs least" and "That government is best which governs not at all". These two paradoxical statements can be linked to the idea of rule of law and the role society has in the government. The government does indeed play a part in society but society also plays a role in the government. America’s democratic government can be described as governing very little because it allows the people to decide what is in the best interest for themselves. This government was established in the interests of the people and the government does not take the people’s interest into consideration, the people are the government. In conclusion the rule of law is important to the success of the community and the nation because the future depends on what happens today. The rule of law is the foundation for communities of opportunity and equity. It permits the people to have a chance at justice and equality under the law. "The Rule of Law: Foundation for Communities of Opportunity and Equity" Gabby Bankhead Ooltewah High School
Division I - Second Place What is the rule of law and why was it established? The answer is simple. The founders of the country wanted to guarantee that no one was superior or had more rights than anyone else. Thus, They established something called the rule of law. This rule of law defined that any laws created would apply not only to the individual people but also to the government. This would limit the power that the government received and protect the rights of the citizens. However, the rule of law also brought about communities of opportunity and equity. Everyone knows that a community is a group of people that live in the same general area that adheres to a single government. However, a community of opportunity is a community that has the possibility of bettering itself through improvements. These improvements can include more jobs, better living conditions, and governmental reforms. In a community of opportunity creating jobs is the foundation. This is because jobs will attract more people into that community, increasing the amount of circulating money and revenue. Communities of opportunities thrive on the revenue because without it there is no means to create the better living conditions or fund the governmental reforms. After job openings attract more people into the community it is time to begin the improvement of living conditions. This stage can include a multitude of changes. One of the most common is creating more affordable homes. Next, the community could focus on cleaner air and streets. Play grounds and parks would make a community more welcoming to many families. Improvements such as these would not only make living in the community more pleasant, but it would lead to reforms. Governmental reforms, instead of improving the quality of living in a community, improve the management of that community. It determines how productive that community is in the long run. Thus, in communities of opportunity it is not uncommon to attempt to lower the crime rate. The government often focuses on schooling and college prep, by increasing the expected standards of that community. Next, they may promote better health care and child care for the citizens that work in the general area. This, once again, would appeal to a majority of people. This community of opportunity would not be possible without the rule of law. If there was no rule of law, then there could be restrictions on who could receive the rewards of a job opening. The possibility of living in a clean community with play grounds would be limited to those who paid for it themselves. Lastly, the relief of knowing that ones family would live in a safe area, with excellent education, would only be perceived by the rich. However, the rule of law prohibits this and in the process allows all to receive the benefits of a community of opportunity. Likewise with communities of opportunity, the rule of law established equity, or fairness. However, unlike communities of opportunity, equity is guaranteed in the Constitution, through due process of law. This due process of law gives equal legal rights to individuals. However, equity does more than that, it also provides equal civil rights, social rights, and protects against discrimination. The foundation of equity can be found in Amendments IV, V, VI, VII and XIV. Amendment IV forbids law enforcement to search one without a warrant, regardless of ones appearance. Next, Amendment V allows the accused to only be charged once for a crime. This prevents one person to be charged repeatedly because of their background. Then, Amendment VI, requires that there has to be supporting evidence in order to convict the accused. This protects people from being convicted because the judge/jury does not like the defendant. Amendment VIII requires that the punishment must fit the crime. Thus, the one could not be put to death because they stole a car. Lastly, the XIV Amendment guarantees that if one is born of U.S. soil that they are citizens. Therefore one cannot be denied their rights just because of skin color. The next factor in equity is civil rights. Civil rights include personal rights that are given to every individual. These rights include those mentioned in the I Amendment, and others that are implied. The I Amendment guarantees the rights to assembly, press, petition, religion, and speech. Assembly gives everyone the right to gather in groups, no matter how small or large Through press and speech, equity has established equality in expressing ones opinions. Petition allows one to protest against something without the fear of being arrested, so long as it is not a violent one. And religion allows one to choose their faith without having the be secretive about their beliefs. Social rights are also established equity. These rights apply to the need of having education, health care, employment, food, and shelter. Every individual needs these items. Without education, how is one supposed to find employment? Without employment there is no money for food and shelter. And without any one of the aforementioned items, a great deal of health care would be needed in order for that person to survive. Equity has created an opportunity for all to have equal chances of finding a job, having education, and so forth. Thus, no matter how much money one has would not prevent equal opportunities due to discrimination. Discrimination is a common factor in the world today. However, equity had added in dampening the effect of it, due to that fact that there are now laws against it. These laws strengthen equity by, once again, emphasizing fairness and equality. If a Middle Eastern man has higher qualification than a Caucasian one, the Middle Eastern should receive the job. This is what equity is all about. Equity is about ensuring fairness in legal, civil, and social standpoints while trying to get rid of discrimination all together. When the founders established the rule of law they knowingly, or unknowingly, helped establish communities of opportunity and equity. These communities of opportunity and equity have helped to define the United States. The U.S. has become a country known for opportunity that is available to all of those who settle here. No matter where the individuals come from they are given equal rights and are given the possibility to pursue their dreams. Without communities of opportunity and equity none of this would be plausible. "The Rule of Law: Foundations for Communities and Equity" Jason Bradley Els Ooltewah High School
Division I - Third Place "Many people do not make the connection between the rule of law and their daily lives - their safety, jobs, health, education, and infrastructure. The rule of law refers to a system of self-government with a strong and accessible legal process. It features a system based on fair, publicized, broadly understood and stable laws, and diverse, competent, and independent lawyers and judges. This foundation is essential to foster sustainable communities of opportunity and equity. Without the rule of law, individuals are consigned to live in societies characterized by violence, poverty, illness, and ignorance." (Chattbar.org) America is land of the free, home of the brave. Why is it a ‘land of the free"? Simple - a government was put together with a constitution that upheld laws to allow protection, but without a policing force it would not be free. A person who lives in a state or country should make themselves aware of the laws in their area, as well as their rights as a citizen. Citizens need to know about the laws, legal systems, and rights within their country or state as well as have comprehension of legal heritage because it is their right and responsibility as citizen. The values of democratic government in America are different to those of, for example, South Africa. Because of the United States’ policing force, laws can be enforced, whereas in South Africa, there is a lack of policing force, resulting in widespread crime and violence due to intense poverty. Understanding The Rule of Law: Foundation for Communities of Opportunity and Equity would be going beneath the surface and looking for ways to be understood. My own interpretation is simply ‘rules of ruling: basis for the people that contains prospects and fair’, but it is more than just a simple twelve word interpretation. The Rule of Law "The Rule of Law’ Rules of ruling would refer to how the government should be run by the people. The rule of law features a structure based on reasonable, exposed, generally understood and firm laws, and various, competent, and sovereign lawyers and judges enforced by policing forces. These rules also put limits on local and federal governments. This makes the government unable to take control of everything with an iron fist. These rules of law create a self-government system with a sturdy and available legal procedure. The rule of law allows for self-government to govern its people by letting the people vote for their own leaders and allows the people to overthrow its own government if the people see that its actions are unconstitutional. Once the government is overthrown, the people become in control of forming a new government. Foundation for Communities ‘Foundation for Communities’ allows for communities to be established with some form of government ruling. This foundation is necessary to maintain communities of opportunity and equity. Having a government ruling cannot produce laws that citizens have to abide by, unless there is a force of police. Every day, we are faced with laws. We drive on the side of the road that government officials placed as a law, as well as the speed we drive at on the road. There are building standards that must be met and certain ways we must conduct business, making it so there is no monopoly. What we purchase at the store becomes our property, and there are laws that enforce that if somebody steals that item, a policing force may bring justice. The policing force has been given laws, in part with a judicial system, to fine or imprison somebody that breaches the laws created by government ruling; officials who have been elected to represent that area run this government ruling. "To Form A More Perfect Union" were the words that founding fathers used to create the United States Constitution. To form that more perfect union, they made a new form of government, taking away the monarchy and replacing it with a democracy. The United States has a representative democracy in which elections by the people decide the president, vice president, representatives, senators, and so on. This foundation of communities cannot be complete with its opportunities it allows for its citizens to create equity. Opportunity and Equity ‘Opportunity and Equity’ allows one a chance with fairness to thrive within a community. One does not earn the right for opportunities and equity. A person must fight for his or her own chance and fairness. Able communities of opportunity and equity are very important in order for a foundation to be built. Opportunity allows a citizen to take place as one of the representatives among a congress. Equity allows fairness with a community, but it does not mean equality among all. Even with equity, a community cannot prevent discrimination, nor does it allow equal rights to all. Equity within a community does not only deal with fairness, but prosperity as well. Having opportunity within a community allows a citizen to start a business, or maintain one, allowing them to produce a sort of wealth. Equity, in both wealth and fairness, are necessary within a community of opportunity. ‘The Rule of Law, "Foundation For Communities’ and ‘Opportunity and Equity’ mean different things, but together, they create a basis for a free country because its meaning being rules of ruling: basis for the people that contains prospects, fairness and wealth. My own interpretation may be very off from others, but having "The Rule of Law: Foundation for Communities of Opportunity and Equity" allows oneself to do what is necessary for their country. ‘The Rule of Law’ explains that the government is run by the people for the people and may replace this government if its actions are unconstitutional. ‘Foundation For Communities’ allows the people to create a community with a form of government ruling and allows it to let elections by the people run the democracy in America. ‘Opportunity and Equity’ gives opportunities to the people to run their own country, but has its limitations with equity, because equality is different than equity; in addition, equity also involves wealth from opportunities within a community. The Rule of Law: Foundation for Communities of Opportunity and Equity is not only applied to America and its citizens, but its fellow countries that follow similar policies. So next time you hear about a court ruling, or you get pulled over for speeding, remember, that without a form of government ruling and a policing force to enforce laws, the government would not be ale to create laws to keep this country free as a more perfect union. Sources: 1. http://www.chattbar.org/www.docs/0.270/chattanooga-bar-association.html "The Rule of Law: Foundations for Communities and Equity" Rebecca Tull Girls Preparatory School
Division II First Place Law without rule is dead. Just as a stagnant living entity or a tree devoid of growth will die, the life of the law is in its application, not its existence. An individual can break the law but unless that law is enforced, breaking it bears no consequence, hence, the rimportance of hte Rule of Law. Those who signed the United States’ Constitution viewed its value. They were convinced that the rule of this law, the Constitution, would "establish justice, insure domestic tranquility... [and] promote general welfare." At the rule of the rule of law is impartiality for all persons. Through this rule, ethnicity and gender are not determining factors in the pursuit of justice. For example, after Peral Harbor, men, women and children, mostly United States citizens, were relocated to government camps because of their Jampanese ancestry. This removal from society was wrong because it was based solely on ethnicity. "If they were of Japanese birth or ancestry - members of what most Americans had learned to regard as an "enemy race"- they had to go," states Dr. Roger Daniels, a noted history professor at the University of Cincinnati. Because the actions of the government were contrary to the law, the rule of law called for these actions to be rectified. In December 1944, President Roosevelt rescinded Executive Order 9066, and the WRA [US War Relocation Authority] began a six-month process of releasing interness" ("Relocation"). In addition, women’s suffrage in the United States is legal because of the rule of law. A significant historical precedent was set when the 19th amendment gave women the right to votes. It states "the right of citizens of the United States to votes shall not be denied or abridged by the United States or by any State on account of sex." Before its enactment, woment had not been allowed to vote because of their gender. This discrimination inhibited the standard of equity professed in the rule of law. Therefore, it was necessary that this amendment be made to ensure the equality of genders. Just as nature restores order by striving for equilibrium, the rule of law maintains societal equity. It asserts each individual’s right ot justice through nonpartisanship. It establishes a community where color does not mean validity and gender does not walk hand in hand with influence. The equality maintained by the rule of law grows order. This order is brought about by a self-governing directive. In the United States, that law is the Constitution. The Constitution is distinct because it is unfettered by the bounds of politics, religion, or any individual. It holds a standard for society and forms trunk for its branches: the Bill of Rights as well as other Acts and Amendments. In providing an orderly society, the rule of this law creates an inferttile environment for mayhnem. Anarchy and tyranny cannot grow because the citizens are under the law. Consequently, it is unlawful for one indicudal or all persons to live under their own laws. Oligarchy, for instance, is a government in which those with greater monetary value made laws favoring themselves. Because of the lack of an independent standard, order could not be accomplished. Those who had less money feared this rule of law because it was only in the goodwill of those who made it. This fear provided the milieu for disorder. However, the rule of a self-governing law dissuades chaos because it is over all citizens, from the wealthy to the poor. Therefore, no one may create his own law and demand that others follow his precept. Coupled with order is an environment of opportunity. The rule of law makes such a community possible. Any man or woman has, what U.S. Supreme Court Justice Bradley calls, the "right to pursue any lawful business or vocation, in any matter not inconsistent with the equal rights of others" (Rich 70). Under such an environment, men like Larry Page and Sergey Brin can launch a dynamic search engine and revolutionize the way the web is explored. In addition, women like Oprah Winfrey can overcome hard beginnings and create a talk-show phenomenon. The current presidential race is tribute to this opportunity. A black man, Barak Obama, is running for the democratic nomination against a white woman, Hillary Clinton. The rule of law makes the aspirations of these two candidates possible. It provides a community where, lawfully, any individual has the right to pursue his or her ambition. Just as application gives law life, the rule of law gives equity, order, and opportunity to society. It ensures that students of every ethnicity can learn in the same classroom. It assures that tyranny will not prosper. Furthermore, it secures each man, woman, boy, girl, and unborn child’s right to "life, liberty and the pursuit of happiness." As an African-American young woman, my life is tribute to the rule of law. Each day after school, I do not have to face mobs of screaming people, telling me to go home when I exit my predominately white school. As a young woman, I am given the same opportunities as my male counterparts. My teachers teach me math and science, subjects that were once thought to be too intellectual for the female mind. In pursing higher education, I do not fear rejection from a University on account of my ethnicity or femininity. My life, though encountering the occasional racist or sexist individual, is mostly free of the vindictive sentiments targeting my gender and race. However, I do not forget the rule of law that makes it possible for me to truly live in the "land of the fee and the home of the brave." Martin Luther King Jr. spoke of a dream where people will sit together in brotherhood regardless of race. When I look around me and see my friends: African-Americans, Asians, whites, Indians who are well educated young women, I realize that that banquet of brotherhood must look a lot like my lunch table. Works Cited Daniels, Roger. "Incarceration of the Japanese Americans: A Sixty-Year Perspective." The History Teacher 35.3 (2002)" 32 pars. 27 Mar.2008 <http://www.historycooperative.org/journals/ht/35.5/daniels.html.> Rich, Burdett, ed. Lawyer’s Report Annotated. New York: The Lawyers’ Co-operative Publishing Company, 1905. "Relocation and Incarceration of Japanese Americans During World War II." University of California. 26 Mar. 2008 <http://www.calisphere.universityofcalifornia.edu/jarda/historical-context.htm.> Works Consulted Li, Bo. "What is Rule of Law?" 17 Mar. 2008 <http://www.oycf.org/Perspective/5_043000/what_is_rule_of-law.htm> "The Rule of Law." USINFO. 17 Mar.2008 <http://usinfo.state.gov/products/pubs/principles/law.htm> Yu, Helen, and Allison Guernsey. "What is the Rule of Law." University of Iowa. 17 Mar 2008 <http://www.uiowa.edu/ifdebook/faq/Rule_of_Law.shtml> The Rule of Law" Wikipedia. 17 Mar.2008 <http://en.wikipdeia.org/wiki/The_rule_of_Law> Butchers’ Union Slaughterhouse and Livestock Landing Co. V Crescent City Livestock Landing and Slaughterhouse Co. 111 U.S. 746. Supreme Ct. Of the US.5 May 1884. "The Rule of Law: Foundations for Communities and Equity" Andrew Larkin McCallie School
Division I - Second Place For centuries, man has given up his natural sovereignty to belong to a community of similar men in a contract that is ultimately above the power of those who gave their consent. In this system of cooperation, the contract, or law, is the final authority on any matter that the community may come across. This rule of law, like many things, is a compromise. Some things are given up in order to receive others, a relationship in which all those involved are intended to benefit. The rule of law along with the protection of natural rights has come to be the most successful and accepted form of government known, as it can provide for many ideal outcomes such as protection, equality, and opportunity. In a perfect world, law would not be needed. However, the law is essential in maintaining a sense of order and security among the human race. Those who give their consent to be governed by law rely on the law for protection against a long and varied list of things. From tyranny, from theft, from murderers, and chaos; one of law’s aims is to prevent these types of things from happening to those it governs. An obvious example of this is the government sponsored police forces that patrol our cities and prevent crime. Another example of the law’s responsibility to protect its citizens came in 1941 when the Japanese launched a surprise air raid on Pearl Harbor. 2,350 American citizens were killed that day. This tragic event was what pulled the United States into World War II. It was the government’s duty to not only fight the enemy who attacked American soil, but also prevent a similar attack from happening again. Without a contract of law, the Constitution in this case, the people under attack would lack organization, resources, leaders, and a common goal. With written law as the final authority, the situation becomes more easily dealt with, the lines more sharply drawn. An important theme that is always associated with the rule of the law is that none of the governed are above the law. It is a contract between people that reigns supreme over any signle person or group and in a society in which someway or another a faction either becomes or destroys the law many of the beneficial things that are part of the rule of law are lost. Joseph Stalin’s rise to power goes along with this trend. He rode the coattails of Vladimir Lenin through the Bolshevik Revolution and fought with Trotsky to gain power after Lenin’s death in 1924. It was in the mid-1930's that Stalin achieved absolute power. At that point, law was nonexistent to Stalin. He did what he wanted with his country and maintained control through purges of the Communist Party. These purges were forced resignations at best, executions at worst. And Stalin did not only oppress political enemies; he hurt the poorer classes with the establishment of the labor camps and the gulags. His ambitious idea for reenergizing the Russian economy failed miserably due to famine and the complete maltreatment of the workers. An estimated 3 million Russians died under Stalin’s regime by execution, work in the gulags, or in the forced resettlements. Stalin’s tyrannical regime is just one of the many examples of what can happen when a person or group becomes greater than the law. The ones they govern lose their rights and are at the mercy of oppressors. In the most ideal sense, law makes all the governed equal concerning opportunity and rights. This state has not been reached yet, but the strides that have been made are incredible. Only 44 years ago African-American and Caucasians were not allowed by law to attend the same public school. 104 years before that the enslavement of African-Americans was a legal practice in the United States. Even today politicians wrestle with affirmative action and reverse discrimination. It may take years to achieve a more perfect equality, but the best way to achieve such goal is through the rule of law. Through the use of guaranteed rights and laws that apply to all, the end result must be society based on equality. It’s a strange way t say it, but all citizens are legally equal because they are all below the law. And this equality under the law leads the citizenry to equal opportunity in the world. One sees the evidence of this growing equality on television everyday when he or she flips to CNN. It is a very real possibility that a woman or an African-American could be the leader of the United States. All these things are possible because most societies are ruled by law, and not by man. This design, made widely known when the pilgrims signed the Mayflower Compact in 1620, serves as a shield against the will of a single man or party, limiting the power of the government as to keep it under the law, only able to alter certain parts with the consent of the people. This form of government, one that has no arbiter or fickle judge, has been one of the greatest stepping stones leading to an egalitarian world of order where natural rights are never infringed upon. Woodrow Wilson recognized the importance of this ideal system. "What we seek is the reign of law, based upon the consent of the governed and sustained by the organized opinion of mankind."1 1"A Way With the People," Time 5Jan.1962, 31 Mar.2008
"The Rule of Law - Not the Tyranny of Law" Ann Tyler Moses Baylor School
Division I - Third Place "All men are created equal." After all of our scrutiny of the English language, the American people cannot find the true meaning of this simple statement contained in the Declaration of Independence. This proclamation of equity has been construed to defend slavery and to denounce it, to condone segregation and to condemn it. The entire Constitution is likewise eternally under debate. It has been used to confine Japanese-Americans to internment camps and forcibly remove Native Americans from their homes, but it is also often cited as a testament to equality and tolerance. This ambiguity of our Constitution gives it strength. It can adapt as our civilization evolves, so we can end injustices like slavery, segregation, internment, and the Trail of Tears. Whereas a rigid system of absolute laws would inhibit fairness by imprisoning American s with outdated opinions, our flexible legal system ensures that the rule of law can change as our interpretations of it do. Our legal system can bend, so our country will not break. What does "equal protection" mean? What would constitute a "due process of law"? The vagueness of certain terms in the Constitution may be frustrating, but it is also valuable. To truly define and interpret the Constitution, we must supplement its stark diction with our contemporary morals and attitudes. With its myriad methods of analysis, the Constitution can be understood to support antithetical ideas. This power is dangerous but vital. The Constitution can be construed to defend unjust acts, but if it was absolute and unquestionable, there would be no way of correcting our past misinterpretations. If the Constitution was not liviing, we would still be stuck with the slavery and misogyny customary at the time of its inception. Some of America’s more technical laws, the ones the citizenry comes in contact with each day, are less nebulous in their wording, but our legal system’s flexibility still ensures that even they may adapt to change. If enough Americans believe that a law is unjust, they have the power to amend the Constitution to rectify its injustice. Our country’s history has been rife with argument about its laws and proposed amendments. Questions of justice have factionalized our nation, but our ability to ask and answer these questions is one of our greatest privileges. Debate over the constitutionality and morality of slavery instigated the gruesome Civil War, and dispute over the probity of segregation pitted previously united citizens against each other. Our conflicts over our legal system tried our unity, but with the result of a more just society. As the world changes, the American people have the power to change their laws as they change their minds by altering the very Constitution that governs them. This capacity is illustrated in the fluctuation involved with the Eighteenth Amendment, which instituted prohibition. Ratified in 1919, the amendment, and the entire temperance movement, became more and more distasteful to the American people over the next few years. As increased numbers of Americans began to regard the amendment as an error, pressure for its repeal grew, and in 1933, the Twenty-first Amendment, which annulled prohibition, was passed. Because many state legislators either agreed with or were intimidated by the temperance lobbyists, Congress utilized state conventions-the more uncommon ratification method– rather than the agreement of three-fourths of state legislatures to ratify the amendment. Thus, on December 5, 1933, the American people fully authorized a complete upheaval of their previous opinion. We have a great privilege with our ability to alter our laws, but our freedom to do so is not infinites. Amending the Constitution, or transforming a law to be compatible with a new interpretation of it, is difficult. A bill proposing the amendment must pass both houses of legislature by a two-thirds majority, or a Constitutional Convention must be assembled by two-thirds of the legislatures of the states. Then, the amendment must be ratified by three-fourths of the states, either by vote of the state legislatures or by conventions in each state. These procedures guarantee the American citizenry and opportunity to amend our central code of laws, but eh sparseness of ratified amendments in our nation’s history – only twenty-seven in our two centuries–is a testament to the difficulty of doing so. Countless amendments, such as the Child Labor Amendment of 1926 and the Equal Rights Amendment of 1972, have failed to be ratified, and the Eighteenth Amendment is the only one to have been both ratified and overturned. The number of proposed changes that never even reached possible amendment status is even more immeasurable. The difficult requirements for an amendment’s ratification ensure that nothing less than a general consensus of the entire nation can overturn centuries of cogitation. The founding fathers were great men, but they were men nonetheless. They had biases and faults. Their views were shaped, and sometimes warped, by the society they inhabited. The citizens of the United States are human, too. They have made decisions that many today agree were mistakes. They have upheld unjust laws and propagated prejudiced ideas. Luckily, our legal system’s flexibility guarantees that the wrong decisions of the past do not affect the people of the present, and the just edicts of history are not invalidated on a whim. Our laws were created and maintained by humans, and thus they contain human prejudices. True justice is not contained in our laws; true justice should be our ultimate goal as we interpret our laws to fit our times. It is our duty as citizens to continue to evaluate and revise our laws as our civilization evolves. |
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