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To the editor:
Recent threats to the Rule of Law – such as the harassment of judges and the suggestion that judicial orders can be ignored – are deliberate, dangerous, and wrong. The signers of this statement unequivocally oppose these attacks and urge you to do the same. The Rule of Law, administered by a fair, impartial, and independent judiciary, is a cornerstone of our democracy. Undermining the Rule of Law is a clear threat to the freedoms we all enjoy in America.
The Rule of Law is embedded in our Constitution which protects us, We The People.
The Founding Fathers created an intricate network of checks and balances, including the separation of powers delegated to the federal government. Congress was assigned the power to make federal laws; the President the duty to enforce federal laws; and an independent judiciary the power to interpret federal laws for all purposes, including determining their constitutional validity. Under this framework, the judicial branch is to be independent from encroachment by the executive and legislative branches of government. The doctrine of separation of powers has been adopted by the states and in North Carolina the doctrine is specifically enshrined in Article I, Section 6, of the North Carolina Constitution, which was adopted 12 years before the adoption of the United States Constitution.
The Rule of Law is the process of governing by laws that are applied fairly and uniformlyv to all persons by a fair, impartial and independent judiciary. Because the same rules are applied in the same manner to everyone, the Rule of Law protects the civil, political, economic, and social rights of all citizens, not just the rights of the most vociferous, the most organized, or the most powerful. Applying the Rule of Law in accordance with due process is the sum and substance the courts, through their constitutionally delegated power, are obligated to perform.
Central to the judiciary’s ability to exercise its constitutional role is the concept of judicial review – the final power of the courts to declare acts of either the legislative or executive branches of government to be contrary to the Constitution. When the courts tell the legislative branch or the executive branch that they have violated the law, the offending branch should and must obey those decisions. If they do not, the rights and privileges of “We The People” amount to nothing.
For more than two centuries, these principles have shielded us from arbitrary and abusive governmental action, regardless of which political party controlled the executive or legislative branches. But now our long-established judicial system is under threat. Judges who are merely fulfilling their constitutional duties face calls for impeachment, online harassment, and threats of violence. Even worse, many of these threats are coming from elected officials and public figures with large followings.
Criticizing and challenging a judicial decision on its merits is proper and to be expected. The Constitution protects the right of citizens to speak out when judges get it wrong, and to challenge their decisions through a robust appellate process. But it is quite another thing to undermine the judiciary by personally attacking judges or by threatening to disregard court orders simply because one does not like the outcome of a case.
It is wrong and morally repugnant that our judges- who, because of their ethical and professional obligations, have a limited ability to speak out against such attacks – are enduring threats of harm to themselves and their families. It is equally wrong that recent events have forced law firms, businesses, organizations, colleges and universities, and many dedicated public servants to make the difficult choice of when and how to stand up for the Rule of Law and our constitutional principles when doing so might jeopardize their families and livelihoods.
But these pressures, which will only grow worse, make it all the more important for each of us to voice our support for the Rule of Law and to make it clear that threatening judges and our independent judiciary is both un-American and wrong.
All of the signers of this statement took an oath to support and uphold the Constitution. The oath does not set out exemptions to that paramount duty. Consistent with that oath and our professional obligations, we individually and collectively condemn the use of threats and intimidation to discourage judges from impartially and fairly applying the Rule of Law. We likewise condemn broader efforts to undermine the public’s confidence in the Rule of Law and our judicial system.
We urge others to join in standing up for the Rule of Law and an independent judiciary.
The Rule of Law is not an abstract principle; nor is it a value that only the judiciary is obligated to protect. Each of us can and must preserve it every day by making clear to our elected representatives, our friends, and our neighbors that the Rule of Law administered by a fair, impartial and independent judiciary must be supported, defended, and protected.
Mocksville attorney Henry P. “Hank” Van Hoy was among the signers of this statement.