Oil and Gas Lawyer Blog
The following is from Michael Curry and Jacob Rolls. Michael Curry is an Austin lawyer who served as an adjunct professor at the University of Texas, where he got his law degree. Jacob Rolls, based in Driftwood, is a former public defender and trial consultant with a master’s degree in international relations. Both volunteer with Lawyers Defending American Democracy.
May 1 is Law Day, a day to focus the nation’s attention on the rule of law and the rights and freedoms it secures. That focus may seem abstract, but the rule of law is a foundational principle of our democracy — and arguably more threatened than ever.
The rule of law can be defined in different ways, but certain elements are fundamental. It is the principle that we are governed by published laws, not by the unchecked decisions of elected or appointed officials. John Adams said we are “a government of laws, and not of men.” In our system, the Constitution and laws apply to everyone, regardless of status or position, and are enforced by independent courts.
The rule of law directs and restrains governmental actions, but it also governs private conduct — from leases and contracts to environmental and consumer protection statutes. It is the force that brings order to our society.
A government of laws is not inherently or universally democratic. Yet when combined with the Constitution and its Bill of Rights, the preeminence of law as a governing principle enables our democratic rights. And we all have a role to play in upholding it.
Lawyers and judges hold critical positions in our constitutional democracy because our rights and legal protections are meaningful only to the extent that they can be enforced through the courts. Lawyers enable judicial review because a court may act only when a real controversy is brought before it. With that authority, the courts can safeguard the rights and interests of all citizens and society as a whole.
Lawyers and the legal profession also bear responsibility for ensuring that ensuring that legal services and access to the courts are available to everyone, and that lawyers behave ethically. For the judiciary, upholding the rule of law means maintaining independence and interpreting the Constitution according to established principles that do not shift with political winds.
No less important are the actions of private citizens. It is up to all of us to engage in civic life by voting, serving on juries, and communicating our interests and concerns to public officials at every level of government.
We bolster the rule of law by countering threats to our democracy, including unnecessary restrictions on voting rights and the spread of disinformation that undermines trust in our institutions and even in the existence of truth itself. We stand for the rule of law when we exercise our First Amendment rights by speaking out when public officials ignore constitutional rights or court orders; or when they skirt the letter or spirit of the law; or when they attack the courts or the press in ways that undermine their legitimacy.
Through such engagement, we affirm the rule of law and the constitutional framework that protects our freedoms.
Upholding the rule of law is essential because its violation has real‑life consequences. When Fourth Amendment protections against unreasonable searches and seizures are ignored, homes are entered without proper warrants, rights are violated and communities are unsettled. When due‑process guarantees are circumvented, people can lose their liberty without the chance to assert their rights before a judge. When First Amendment safeguards are disregarded, our right to protest and petition the government can disappear.
Law Day reminds us of our shared responsibility to sustain our democracy by upholding the rule of law — not only through conviction, but through public engagement. Let us commit to active civic participation so that our constitutional rights and freedoms endure.