Independence of the Judiciary How Law Protects Fairness (Model Op-Ed Article, 625 words) "That's not fair!" If you have children, you probably hear that a lot. Kids have an innate sense of fairness, and are quick to spot injustices, real and imagined. Part of growing up, unfortunately, is understanding that life is often not fair. But all of us retain that ideal of fairness, the wish that in any dispute we had a chance to tell our side of the story, to someone who was impartial, and would make decisions based on the facts. That simple premise protecting fundamental fairness is one of the cornerstones of our legal system. This year, on May 1, Law Day, as we celebrate our freedoms protected by law the rights to express our opinions, select our leaders, worship where we choose, and pursue our livelihood we should be sure to reflect on how the law also protects our freedom from injustice. Thanks to rights embedded in our Constitution, and enforced every day by our courts, all of us are protected, as individuals, even from the mighty power of the government. These rights were vital to the Founders because they knew all too well the overweening power of an unjust government. Their long struggles with the English Crown taught them what can happen when a powerful enemy doesn't play by the rules. The Declaration of Independence censures the King for "obstructing the Administration of Justice," "making Judges dependent on his Will alone," and denying "the Benefits of Trial by Jury." In setting up their own government, they made sure that Americans would always have fundamental legal protections. They gave us a defense against government overreaching unmatched at that time, and all too rare in the world even today. Our Constitution guarantees that Americans will never be subjected Kafkaesque nightmares of being accused of nameless crimes, with no hope of being heard. We can never be imprisoned on unspecified charges, be denied legal help, be denied the right to examine witnesses, be tried secretly...the list goes on and on. Thanks to our Constitution, we have many rights in any dispute with the government over our property. Because the government must follow due process of law, it can't just take a home if it needs the land for a new school or a road there has to be an opportunity for the owner to be heard, a process for determining what just compensation for the property is. That same principle applies to disputes with the IRS, or with Social Security, or Medicare. The exact procedures may differ, but the principle is that all of us have the right to tell our side of the story, before an impartial decision-maker, and have the right to appeal if we're not happy with the decision. Do these procedures guarantee that we get what we want? Of course not. Even when you've had a chance to tell your side of it, you still might get a result you're not totally satisfied with. And even when things eventually work out, sometimes the pace is frustratingly slow. But we do have rights, we do have procedures to make them real, and we do have a system of courts, independent of political pressures, able to enforce these rights. These due process rights of all Americans set forth an ideal of fairness, between government and citizen, that's the envy of the world. That's why our Constitution is so often the model that emerging democracies adopt, in the march of freedom around the world. In celebrating our great tradition of liberty under law, we can't lose sight of the rights and procedures that enable us to be free. It is they that make the great words, "Equal Justice Under Law," more than a lofty slogan carved in stone, but an answer to that age-old cry, "That's not fair!" Speech Ideas/Talking Points Home | Independence of the Judiciary Home Tips on Volunteering Home