By Emily Chafa, ISBA Diversity & Inclusiveness Committee member
We’re probably all familiar with the first few sentences of the Declaration of Independence, and a few oft-repeated phrases. Here they are:
"When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
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.
--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,
--That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."
Perhaps we’re not as familiar with these lines in the Declaration of Independence:
"But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world."
Then, a long list of 27 specific grievances (we would call them issues or concerns) with King George’s actions. I recommend carefully reading each of them and comparing them to issues we face today or faced in the past. Were these issues addressed at one time or another during the past 250 years?
Finally, the founders of our nation, in signing this unanimous Declaration of Independence, agreed to these statements:
"We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by the good authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."
What processes did these courageous founders utilize to put this Declaration together? Did Thomas Jefferson just devise it by himself? Absolutely not. Did the small committee of Thomas Jefferson, Benjamin Franklin and John Adams co-write the entire Declaration? Absolutely not. The process of gathering the long list of grievances included many conversations with many people. This process included thoughts and opinions and experiences from a variety of viewpoints. This process certainly included a number of compromises. The founders did not unanimously “mutually pledge to each other our Lives, our Fortunes and our sacred Honor” without input into the issues raised and finally listed in the Declaration of Independence.
250 years later, consider these questions: What would you include in a list of grievances with our current local, state, and federal government leaders? What would we collectively list as the issues impacting our life, liberty, and the pursuit of happiness? How would we learn and raise the issues impacting our neighbors and our loved ones? How would we collectively decide which issues take priority?
How can we have the civil, respectful conversations needed to truly hear and decide our current list of issues? Can we gather and hear a variety of voices at the table where we make these decisions? Recent ABA Law Day themes provide some guidance. The American Bar Association President selects the Law Day theme for their leadership year. These are typically related to current events in our nation. Here are two of the recent themes which could inform our conversations as we remember and honor the conversations of our nation’s founders.
2023 ABA Law Day theme: Cornerstones of Democracy. Civics. Civility. Collaboration. ABA President Deborah Enix-Ross invited all the people of the United States to join in rebuilding trust in our institutions, respect for one another, and our willingness to collaborate to address the challenges that face our nation. She also stated this in describing the theme’s purpose: “In recent years, tensions in our democratic system have revealed deep divisions in American society. These divisions and insufficient understanding among many people about the Constitution and the way American government works. Together, however, we can collaborate to overcome our differences, resolve our disputes, and preserve our democracy and republic. To that end, we call on members of the legal profession (that’s us, folks!) to lead the way in promoting civics, civility, and collaboration – the cornerstones of our democracy.”
2024 ABA Law Day theme: Voices of Democracy. ABA President Mary Smith chose this theme to prepare for the nation’s 60th presidential election. She “encourages Americans to lift our voices to maintain our system of laws and to ensure that our democracy endures.” She reiterated these facts:
“[We] recognize that in democracies, the people rule. For nearly 250 years, Americans have expressed their political views and wishes by speaking their minds and voting in elections. In 2024, Americans will address fundamental questions about democracy and the rule of law.”
This theme is particularly relevant as we celebrate and commemorate our nation’s founding and the many voices heard or not heard during the conversations leading to the Declaration of Independence.
Here’s what I said to students competing in the Polk County Bar Association’s annual Law Day competition, which includes K-12 students throughout the Des Moines metro area, describing the 2024 theme:
“Voices of Democracy. In our democracy, the people rule. Our government is by the people, for the people. Lift our voices for democracy. All of us, each of us, have an important voice in our democracy. Each voice matters. Each perspective matters. Every background matters. Every experience matters. Think of a table, with a number of people sharing their ideas/viewpoints/opinions. What if all the people at that table think exactly alike? What if all those people look exactly alike? Would they make good decisions with just one point of view? (NO!) They’re missing lots of important information. They wouldn’t hear all the reasons for or against the decision they want to make.
Think of a table, with a number of people sharing their ideas/viewpoints/opinions on a topic/issue. A variety of backgrounds are present and able to express their ideas/perspectives. The people at the table don’t all look alike. They might come from different countries or cultures. They might belong to different types of families or different religions. A variety of informed viewpoints are present; their voices heard. A variety of informed opinions are heard. Would this group make good decisions with this diversity of voices, looking at the topic/issue from a variety of perspectives? (YES!)”
Current ABA President Mary Smith is the first Native American woman to serve in this role. She talks often of the importance of many voices at the tables where decisions are made. She talks about the value of each person’s voice in expressing their political views and wishes by speaking their minds and voting in elections.
Discuss the issues in honest, civil, respectful ways. Each voice matters. Each perspective matters. Every background matters. Every experience matters.”
Can we use these Law Day themes and recommendations in our conversations with our neighbors and loved ones? Can we commemorate the courageous conversations our founders commenced with conversations of our own, engaging many voices, in honest, civil, respectful ways, with a goal of collaboration and action for the greater good?
Resources recommended for your reading:
About the author:
Emily Gould Chafa spent most of her legal career in state and local government practice, retiring in July 2019. Emily remains actively involved in a number of professional associations at the national, state and local level. These include: The Iowa State Bar Association, Polk County Bar Association, ABA Judicial Division, ABA Civil Rights & Social Justice Section, ABA GPSolo Division, and Iowa Organization of Women Attorneys (I.O.W.A.). Emily currently serves as Chair of the ABA JD Standing Committee on Diversity in the Judiciary. Emily frequently plans and presents CLE programs on a variety of topics, focusing on diversity, inclusion, and welcome; wellness; ethics; and trailblazing women lawyers.
