As a rule, Law Day, a ceremonial holiday since 1958, goes by largely unnoticed. It was established as a Cold War counterpart to May 1, the biggest day on the socialist calendar. Ever since, presidents have issued proclamations that went by largely unnoticed and unread.
But Bush isn’t just any president, and respect for the rule of law over the last several years is not quite what it was. So, when the White House issued Bush’s Law Day proclamation this morning, it was hard not to appreciate the irony.
The right of ordinary men and women to determine their own future, protected by the rule of law, lies at the heart of America’s founding principles. As our country celebrates the 50th anniversary of Law Day, we renew our commitment to the ideals on which this great Nation was established and to a robust system of ordered liberty.
The American legal system is central to protecting the rights and freedoms our Nation holds dear. The theme of this year’s Law Day, “The Rule of Law: Foundation for Communities of Opportunity and Equity,” recognizes the fundamental role that the rule of law plays in preserving liberty in our Nation and in all free societies. We pay tribute to the men and women in America’s legal community. Through hard work and dedication to the rule of law, members of the judiciary and the legal profession help secure the rights of individuals, bring justice to our communities, and reinforce the proud traditions that make America a beacon of light for the world.
Nearly 800 years ago, the Magna Carta placed the authority of government under the rule of law; centuries later, the Declaration of Independence and the United States Constitution marked tremendous advances in the march of liberty. These documents established enduring principles that guide modern democracies. Today, we are reminded of that past and look toward a hopeful future as we work to secure the liberty that is the natural right of every man, woman, and child.
I almost feel bad for the White House communications staffer who had to write this. It must have been kind of embarrassing.
With national attention shifting away from Bush and towards the race to succeed him, today’s Law Day hasn’t drawn too much attention. But a New York Times editorial from a year ago still rings true.
As long as there was a national consensus about the importance of the rule of law, Law Day felt superfluous, like celebrating gravity. But for six years now, the rule of law has been under attack. An array of doctrines has emerged to undermine it, like the enemy combatant doctrine, which says people can be held indefinitely without trial, and the unitary executive doctrine, which insists that a president can do as he wants in many areas, no matter what Congress says.
In keeping with tradition, President Bush has issued a proclamation inviting Americans today to “celebrate the Constitution and the laws that protect our rights and liberties.” It rings more than a little hollow, though, as he continues to trample on civil liberties in the war on terror, and stands by an attorney general who has politicized the Justice Department to a shocking degree.
The less committed a president is to the law, the more need there is for Law Day, which makes it a holiday whose time has come.
The WaPo’s Ruth Marcus also addressed the subject last year, noting, “If only the president would practice what he proclaims.”
Luckily for Bush, these proclamations tend to be short, so he didn’t have to explain how they squared with his warrantless wire-tapping — despite a statute that requires warrants.
Or a view of presidential power so inflated that Justice Sandra Day O’Connor was moved to declare that a “state of war is not a blank check for the President.”
Or the blizzard of signing statements asserting presidential authority to ignore whatever law he had just approved.
The most shameful example: Bush’s treatment of the anti-torture amendment. The president said he would interpret that “in a manner consistent with” his constitutional authority.
In other words, if he felt like it.
In one of his Law Day proclamations, Bush concluded, “The strength of our legal system requires the ongoing commitment of every citizen.”
He probably meant to exclude himself from this, but decided it was assumed.