Defending Democracy Through the Founders’ Principles

As we have been celebrating the 250th anniversary of our country's founding, America is faced with its biggest challenge probably ever, save the Civil War. While there is much to celebrate in the 250 years of our existence, this moment is fraught with danger—not just for our democracy but for our founding principles of equality and the people's right to life, liberty, and the pursuit of happiness.

Unfortunately, most people don't understand the critical role that our country's structure, democracy, and the rule of law play in their efforts to live their lives and pursue happiness. People think, "So what, these issues don’t impact my life."

But the balance of power created by the Founding Fathers and the rule of law are in fact essential. Our founders were very aware of the vanity and desire for power that reside in many people, and they were aware of how those qualities in a government or politician can destroy a government's foundational purpose to protect the people and their rights. And so they created a system that depended on the concept of the balance of power. This system was designed to prevent any branch of government from creating such a power center or displaying such vanity that the government would cease focusing on its role of protecting the people and instead turn its focus to protecting themselves or the rich and powerful.

Lawyers have a duty to fulfill their oath to uphold the Constitution by not just bringing cases against unconstitutional government actions, but by educating the public about the meaning of our founding principles as stated in the Declaration of Independence. Lawyers also have a duty to educate the public about the people's role in upholding the Constitution by holding politicians accountable when they act in ways that diminish our founding principles—the equality of all and our right to life, liberty, and the pursuit of happiness.

"We the people" is not just a good-sounding phrase; it is the essence of American democracy. It is all about the people and supporting their right to pursue their lives as they wish, to follow their dreams. The government's purpose as stated in the Declaration is to secure people's rights. Promoting industry and the economy, our defense, protecting the environment and clean water and air—all are appropriate government actions, but only if the purpose is to secure people's right to life, liberty, and the pursuit of happiness or promote equality for all.

As Lincoln stated, America's government was created to be "of the people, by the people, and for the people." Our mission must be to continue to secure that aspiration.

For example, anything the government does that promotes or increases inequality is contrary to the government's purpose. Anything the government does that promotes or increases the power of persons or corporations or government over the people is contrary to the government's purpose. Anything that the government or a politician does that is self-serving is contrary to the government's purpose.

Join LDAD's initiative, Meeting the Moment, and share the uplifting spirit of the Declaration of Independence and the role we all must play in protecting the people and their rights.

This series from Lawyers Defending American Democracy connects the words of the Declaration of Independence and the Constitution to current events that threaten democracy and the justice system. Each piece highlights the unique responsibility lawyers carry—through their oath, professional obligations, and roles in their communities—to help the public understand what’s at risk and to speak out when democratic principles are under threat. LDAD’s call to action is straightforward: as the Founders once did, we must recognize threats to constitutional values, demand accountability, and act to defend them.

Ronald L. Hirsch is the author of We Still Hold These Truths - An American Manifesto, a volunteer with Lawyers Defending American Democracy, and the author of the blog www.PreservingAmericanValues.com