The Balance of Power

• Author: Hilarie Bass
• Pages: 8-8

8 || ABA JOURNAL APRIL 2018

PHOTOGRAPH COURTESY OF THE OFFICE OF THE PRESIDENT

President’s Message || By Hilarie Bass

The Balance of Power

2018 Law Day theme of separation of powers highlights important bulwark against tyranny

The concept of “separation of

powers” has been very much i n

the news lately—and not in a posi-

tive way. At times, respect for this

fundamental concept appe ars to

be breaking down.

A disintegration of the check s

and balances among the thr ee

branches of our government can

have a destructive outcome. Ou r

constitutional fra mers understood

that too much power amassed by

one group or one person, without

appropriate checks in place , would

destroy the balance th at protects

the framework of our democracy.

The breakdown can ma nifest

itself in many ways. The legi sla-

tive branch might fail to e ec-

tively provide oversight on the

executive branch. Our law makers

might launch personal att acks on

judges after ru lings they disagree

with. The balance c ould also be

swayed if the executive branch ci r-

cumvents the lawmak ing duties of

Congress, or when legislators s eek to slash judges’ pay—

or even try to impeach t hem—because they ha nd down

unfavorable de cisions.

Though the term “separation of powers” does not

appear anywhere in t he text of the United States

Constitution, the concept of thr ee separate but equal

branches of government is one of the most importa nt

ways our government defends the libert ies essential to

our democrac y.

As James Madison wr ote in The Federalist #47: “The

accumulation of all power s, legislative, executive, judi-

ciary … may justly b e pronounced the very defi nition of

ty ra nny.”

Unfortunately, much of our citizenry is ig no-

rant of the concept of separation of powers. A 2016

Annenberg Public Policy poll found that only 26 per-

cent of Americans c an even name the three branches of

government.

How safe is the framework of separation of powers a nd

the critical concept s it protects, such as judicial indepen-

dence, if so much of the citizenry do es not even know the

system exist s — or what its role is?

That is why the 2018 theme for Law Day, “Separation

of Powers: Framework for Freedom,” is so important—to

lawyers, to our commun ities and to our children.

Law Day is observed an nu-

ally on May 1 and celebrate s the

role of law in our society. Events

are held across the countr y on and

around that date wit h the goal of

cultivating a deeper underst and-

ing of the legal profession and its

importance to our nat ion.

State and local ba r associations

from across the countr y are orga-

nizing hundreds of events in t heir

communities to engage and educat e

both students and adults. E ssay,

poster, photography and video

contests are being held through-

out the country, from Springfi eld,

Mass., to Houston, Texas. Many

colleges and universities br ing in

high school students for a full-d ay

workshop such as Cabrillo College

in Santa Cruz , Calif., and John Jay

College in New York. The Idaho Bar

Association is holding a podca st

contest for high school students,

and there are even 5K Law Day

runs in places l ike Ventura, Cali f.,

and Orange County, Fla.

To recognize people who have promoted a better

understanding and resp ect for the rule of law, many bar

associations also hold awar d luncheons or dinners. The

Liberty Bell Award , presented by local bar associations

on Law Day and endorsed by the ABA, wa s established

more than 40 years ago to a cknowledge outstanding

community serv ice and was given to a lawyer or judge

who encouraged greater re spect for law and the courts.

Some associations, such as t he State Bar of Michigan and

the Mecklenburg County Bar i n Charlotte, now reserve

the award for nonlawyers who have contribut ed to good

government in the community.

The ABA Division for Public Education ha s a planning

guide on its website that ca n help you organize an e vent

that works for your community. Please consider volun-

teering in your communit y for this critically importa nt

public education e  ort .

We all can make a di erence, and Law Day 2018 is a

good place to star t. Our institutions must be protect ed

and preserved. By underst anding and safeguarding

the way power is shared in our government , we can

uphold our liberties and advance our r ights. Q

See this year’s Law Day planning guid e online at

ambar.org/LawDay2018.

Follow Preside nt Bass on Twitter @ABAPreside nt or email abapresid ent@americanba r.org.