“A republic, if you can keep it.”
–Benjamin Franklin’s response to Elizabeth Willing Powel’s
question: “Well, Doctor, what have we got, a republic or a monarchy?”
The rule of law lies at the heart of any functioning democracy, serving as a cornerstone for justice, equality, and the very fabric of society itself. As the United States prepares to enter a new administration under President Trump, the role of lawyers becomes increasingly pivotal in ensuring that this fundamental principle is upheld. Lawyers wield significant influence, serving as guardians of the Constitution and advocates for justice. During times of political transition and uncertainty, they must embody the ethical mandate that guides the legal profession — upholding integrity, fostering respect for the law, and protecting the rights bestowed upon citizens by the Constitution.
To understand the gravity of the situation, one can reflect on the words of famed civil rights attorney, Bryan Stevenson, who once stated, “Each of us is more than the worst thing we’ve ever done.” This assertion emphasizes the transformative power of the law and the necessity for a legal framework that fosters redemption, fairness, and opportunity. Stevenson’s vision underlines the lawyer’s responsibility to ensure that justice is accessible to all individuals, especially marginalized communities that may become more vulnerable in times when political rhetoric turns divisive.
The incoming administration presents unique challenges that could test the resilience of the rule of law. The potential for executive overreach, as seen through the lens of recent historical precedents, raises alarms about the balance of power—a key ideal enshrined in the Constitution. Lawyers must remain vigilant, steadfast in their commitment to advocacy and litigation that holds the government accountable. Each case, each argument, and each legal battle contributes to the gradual yet essential evolution of justice and a respect for the law.
One of the essential roles that lawyers play is as advocates for the Constitution. They possess the unique ability to interpret, argue, and apply constitutional principles, keeping in mind the underlying intent of the framers. In a democracy, dissent is a vital component of progress. Lawyers should ensure a robust system of checks and balances to protect against potential abuses of power by the government. As noted by New York Times columnist and lawyer Thomas Friedman, “In a democracy, the most important thing is the rule of law.” This underscores the notion that rule-bound governance creates stability, enabling the country to navigate through contentious political waters.
In maintaining the integrity of the profession, lawyers not only serve their clients but also uphold ethical standards that reinforce public trust in the legal system. The American Bar Association (ABA) outlines a comprehensive set of ethical rules that emphasize a lawyer’s duty to maintain competence, confidentiality, and the loyalty owed to clients. Furthermore, ethical practice mandates that lawyers avoid complicity in unjust actions and encourage fairness and equality in their representation of all citizens. It is a lawyer’s sworn duty.
As lawyers navigate through the new political landscape, they must remember that they are not merely servants of their clients but also champions of justice. Lawyers are entrusted with the task of interpreting this document, ensuring that it is honored and that citizens understand their rights and protections under the law. Educating the public about their constitutional rights is an invaluable aspect of a lawyer’s role, especially in an era when misinformation can easily proliferate.
Moreover, the duty of lawyers extends beyond individual cases; their collective action can foster systemic change. Lawyer-led initiatives can address issues such as inequality, access to justice, and the protection of civil liberties. In the words of the legendary attorney Clarence Darrow, “The main purpose of the law is to make sure that we can live together.” By harnessing the power of the legal profession as a voice for the voiceless, lawyers can challenge injustice and advocate for necessary reforms, thereby reinforcing the principles of fairness and equity that the legal system is supposed to encapsulate.
Ultimately, the responsibility to uphold the rule of law and maintain the integrity of the profession transcends individual ambition. The legal profession has a sacred duty, one that requires unity, collaboration, and vigilance. Only through a resolute commitment to legal principles and ethical standards can lawyers ensure that the United States continues to fortify its democratic foundations against the encroachment of potential tyranny.
As the nation embarks on this new political chapter, lawyers must stand firm in their dedication to justice. Only through the unwavering resolve of legal professionals can America navigate its path forward, grounded in the rule of law, constitutional integrity, and unwavering respect for all human rights. The burden falls upon them, as the guardians of justice, to forge a society that honors its foundational principles and strives for equity and truth.
David M. Crane is the Founding Chief Prosecutor for the UN Special Court for Sierra Leone. He is also the founder of the Global Accountability Network, and has nearly five decades of experience as a federal and international prosecutor.