Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
As the American political system, and increasingly the American public, be-come more polarized, an unwavering commitment by attorneys and judges to the rule of law could not be more important. The founders took great care to insulate the judiciary from political forces, and it is our responsibility to maintain (and in some cases regain) the public trust that Courts are impartial arbiters of society's most pressing disputes.
Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of happiness.” The Declaration of Independence envisioned a country whose government, derived from the people, facilitated not their oppression but their freedom to flourish.
Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
The fundamental principle of Rule of Law suggests that all citizens are subject to and account-able under the law. Basically, it means that laws apply equally to everyone in a democracy, including public officials and elected leaders. If we did not have Rule of Law, imagine how chaotic your community might be?
Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
It was widely reported that upon leaving the Constitutional Convention in 1787, a char woman approached Benjamin Franklin, and asked him if the Framers had produced a monarchy and he was reported to have responded, “No Madam, you have a republic, if you can keep it.” Since its enactment, we have relied on a constitutional structure dependent on the separation of powers and the system of checks and balances between the three branches of our government.
Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
As Lancaster County Attorney and President of the Nebraska County Attorneys Association I believe Celebrating and Advancing the Rule of Law first means respecting the separation of powers between the Executive, Legislative and Judicial branches of government. It is often misstated that the prosecutor has the most power in the criminal justice system.
Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
The Nebraska Paralegal Association supports equality of all citizens. Rule of law allows citizens to hold the government and individuals accountable. Laws must be clear, public, and protect fundamental rights under the Constitution. Justice also has to be accessible to all. Those serving communities must be ethical, accessible, and reflect the people they serve.
Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
This year’s Law Day theme is “The Rule of Law” and I am lucky to live that daily in my practice at the ACLU of Nebraska. The ACLU has always fought for equal treatment under the law for those who are most denied that promise, including those who express unpopular viewpoints, those who seek the freedom to exercise their religion free of government interference, those who seek equal treatment from the courts and those who seek equal access to our great public schools.
Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
Laws have a powerful impact on people’s lives. As lawyers, we have an obligation to ensure laws effectuate justice and help solve problems in ways that advance equity. Our country’s history is rich with examples of laws that have marginalized people based on race, gender identity, sexual orientation, immigration status, and religious affiliation. Despite the progress that’s been made, there is still much work to be done.
Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
When reflecting on Celebrating and Advancing the Rule of Law, we must always keep the most basic fundamental laws of our country and state at the forefront—that of our Constitution and the individual rights enshrined therein. The legal protections the Constitution provide to all people against the government when charged by that government with violation of the law, including the right of privacy, the right to due process, the presumption of innocence, the right to counsel, and others are critical and necessary to a
Published by Scott Stewart on Sun, 05/02/2021 - 12:00pm
The “rule of law” is defined as “the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power.”