This July 4, the Nation’s Top Trial Lawyers Warn of Threats to Democracy | Opinion

As seen on the Bergen Record and special to the USA TODAY Network

It’s a dizzying time to be an American. In just the past few weeks, we’ve witnessed a relentless cascade of executive orders, high-stakes rulings from the judiciary, and a Congress that continues to fluctuate between legislative gridlock and untested political terrain.

Layered into this, within the last week Iran launched missiles toward a U.S. air base, a sobering reminder of conflicts past as we approach the Fourth of July. But amid the noise and turmoil, one principle should ground us: the rule of law, the very foundation of our democracy.

As we commemorate today the 249^th anniversary of the Declaration of Independence, our nation may now be confronting threats to judicial independence and the rule of law that are reminiscent of those faced by the Founders in 1776, when they stood together to ratify America’s founding document.

On this Independence Day in particular, it’s worth remembering that the Declaration of Independence was, at its core, a list of grievances against a king who ignored the law, obstructed justice, denied fair trials, and punished dissent.

These attacks on the rule of law were of paramount concern to the Founders, and they should continue to alarm Americans today.

In some instances, officials of the Executive Branch have criticized lawful court orders and contended they should not be bound by such rulings. We have heard calls from members of the Administration and Congress to impeach judges over disagreements with judicial decisions. Courts are handling cases that allege arrests and deportations without due process of law. We have seen institutions of higher education be targeted because of politically disfavored teachings. And we have recoiled as law firms have been sanctioned for representing certain clients or causes.

Respect for the rule of law is what secures justice and the blessings of liberty in our daily life: Not only does it preserve our individual freedoms; it is essential to the foundation of our economy – the envy of the world.

Confidence that the rule of law will prevail is what makes our streets and public places safe. It guarantees the soundness of our financial institutions and the safety and security of our jobs. It protects our rights as homeowners and apartment tenants. It enables our farmers to sell their crops and our merchants to trade their goods for fair prices in open markets. It affords consumers confidence in the products they purchase. It allows us the freedom to worship as we choose, to read the books we want, and to carry placards.

Because of the rule of law, we are assured we can engage in commerce, voice our opinions freely, protest peacefully, have access to independent news, and vote our conscience, all with the knowledge that an independent judiciary will enforce those rights.

Eleven years after the Declaration, the Framers of the U.S. Constitution laid out the foundations of our system of government to ensure the rule of law. The Founding Fathers established a system of checks and balances in which Congress makes the law, the executive branch enforces the law, and the courts interpret the law.

They wisely envisioned that at times there would be disagreements by elected officials with the rulings of judges. Thus, they built in protections to maintain the rule of law.

In addition to providing for various forms of appeal through the courts, Congress can reverse court rulings based on the interpretation of statutes through the legislative process. The Executive Branch can rewrite regulations deemed invalid by the courts.

The Constitution even secures the people’s right to amend the Constitution when society demands a different path. None of these actions result in immediate relief, but each of them provides time-tested, transparent, and legally recognized methods to correct perceived errors committed by judges.

What our Framers did not intend and what we must guard against is the refusal of any person, party, or government official to comply with binding court orders. Allowing such defiance would undermine the rule of law, open the door to further disobedience, and shake the very foundation of our nation.

On this Fourth of July, we call upon all citizens to reflect on the ideals that inspired our nation’s founding and the many ways in which those ideals continue to resonate in the personal freedoms and general prosperity we still enjoy.

Though an untested experiment when it was conceived by our Founders, our system of governance has become the envy of the world, remarkable for its long endurance. As we celebrate the birth of our Nation, regardless of our politics, let us rededicate ourselves to preserving both the rule of law and the essential role of an independent judiciary in our system of justice.

Our obligations as citizens demand no less of us.

Richard H. Deane, Jr. is a former U.S. Attorney and the President of the American College of Trial Lawyers (ACTL) – a highly selective, nonpartisan, invitation-only fellowship of the nation’s most accomplished and esteemed trial lawyers.