The Only Port in the Storm
Rolando T. Acosta, Presiding Justice of the Appellate Division, First Department, writes: There are no easy answers to our present challenges. But one thing is clear: In times of change—in this storm—we must adhere to the Constitution and the values upon which this nation was founded: unity, justice, peace, common defense, general welfare, and liberty.
April 28, 2022 at 01:40 PM
6 minute read
Let us not mince words: Our Constitution is under threat, and it has been for several years. This peril is fueled by a persistent disregard of facts and the truth, and a loss of respect for fundamental values and the rule of law, all of which are necessary to uphold our Constitution and democratic system. Some have retreated to the refrain that things are not so bad, that there is no need for concern. But the insurrection on Jan. 6, 2021, and the disingenuous efforts of some public officials to overturn the 2020 presidential election and curtail the right to vote, have undermined public confidence in our electoral system and shown with glaring clarity that there are legitimate reasons for alarm. As one colloquial phrase goes, "any port in a storm" will suffice when one is faced with a crisis. We are facing a myriad of concurrent crises—climate change, a global recession of democracy, the war in Ukraine, and, perhaps chiefly, domestic and international threats to our democratic system. To me, it is clear that in these dire circumstances, our Constitution, and our collective adherence to it, is the only port in the storm.
I am amazed that our Constitution, which was adopted 235 years ago, has not only remained the bulwark of our democracy for this long, but has expanded rights to so many who either were not considered or were dismissed by the drafters. That we have been able to build on the initial protections set forth in the Bill of Rights, to now include the Equal Protection Clause and rights based on substantive due process, for example, is a sign of true progress for our nation. Consider for a moment that without the Constitution—and its amendments and ongoing interpretation by the judiciary—segregation in schools would be legal, same-sex couples would not have the right to marry, and voting rights for women and people of color could be rendered nonexistent.
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