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In
thirty years or more, Diversity may pose a threat
to the Rule of Law. Why? And what does Diversity have
to do with the rule of law?
In a program at a Bar
Association meeting in an adjoining state, there was
a new issue about an area of concern to the legal
profession. The main subject of the meeting was "diversity"
and how it adds a new dimension of concern to perpetuating
our rule of law. By 2036 due to the influx of immigrants
and the growth of other minority groups, minorities
will represent more than 50% of the total population
of the United States, said Dennis Archer, president-elect
of the American Bar Association. Demographers tell
us that at the present rate, in about 30 years more
than 50% of the U. S. Population will be made up of
minorities, including African Americans, Native Americans,
Hispanics, Asians, middle Easterners and others. The
current estimate of the population is that 30% are
now members of a minority. The majority of the population
in California already consists of members of minority
groups. In the year 2000, according to the Department
of Health and Human Services, 51% of New Mexico and
46% of Texas births were Hispanic.
William Paul, past president
of the American Bar Association, said the significance
of this fact is, that if minorities, by that time,
have not learned about and come to believe in our
system of laws, then the rule of law may be in jeopardy.
Why does this constitute
a danger to the rule of law? In order to work, the
rule of law depends upon our citizens' acceptance
of the fairness and justice of our system. Justice
Sandra Day O'Connor of the U.S. Supreme Court commented
that the Court has no army to enforce its opinions.
It must count on the public to carry out its decisions
by respecting the rule of law. The clear implication
is that, if the majority does not respect the rule
of law that makes our country great, it is in danger.
Minorities have special
complaints about our system of justice that differ
from the rest of the population. More specifically,
they view our system of justice not so much as their
means to receive justice as it is for Caucasians of
European descent. Any of the minority complaints which
have merit, of course, need to be specifically addressed.
Waiting several generations for minority groups to
become assimilated into our society, like immigrants
in the past, is not an option. The threat demands
that we do what is necessary to solve, correct and
overcome any deficiencies and change erroneous perceptions.
As important as the
complaints of minorities may be, it underscores the
fact that many of our citizens lack background and
understanding of the principles that have provided
us with over 200 years of the rule of law.
The larger issue involved
is that not only do some members of minority groups
not subscribe to our court system, but that many of
the citizens of the United States do not know very
much about their rights, the Constitution, and the
rule of law. The more distant it is since the time
of the founding of our nation to the present time,
the more we seem to have lost sight of the importance
of the safeguards provided by the rule of law. Justice
and fairness of our system is taken for granted. We
have enjoyed our rights for so long, we have come
to assume that we have always had them. Such is not
the case.
The concepts underlying
the rule of law were not just invented in 1776 or
1789. They grew out of many years of experience of
our ancestors who were subjected to different forms
of governments of monarchies and absolute rulers.
They suffered under feudal serfdom and persecution
for daring to speak, for religious beliefs and other
personal liberties we now enjoy. Our rights were hard
won at great risk and great sacrifice over many years
by our forefathers. Those rights that became our rule
of law were the means of getting fairness and justice
when faced with accusation and imprisonment without
recourse and the prospect of loss of property, harsh
treatment or death from arbitrary and unreasonable
actions.
The only way to perpetuate
the rule of law is for all of us to understand, minority
and majority members, our system of government and
our history. Our knowledge and understanding must
come from education. Schools are naturally the prime
source for providing this education. However, little
time is spent in educating students concerning these
principles and the history which lies behind them.
Various efforts are being made by lawyers to try to
encourage more interest in these areas such as: Law
Day; the American Bar Association program, "Dialogue
on Freedom" for high school students; the "Mock
Trial" program of the Arkansas Bar Association
for high school students; and the "And Justice
For All" program by the American Bar Association,
which is directed primarily toward members of minority
groups. Unfortunately, these programs reach only a
small fraction of people. A new, re-invigorated program
from the schools is needed to inform our younger generations.
One advantage is that
the need for justice is a common cry of all humanity.
Citizens, young and old, should appreciate the need
to understand their rights.
It is only if all of
our people, minority and majority, understand their
rights that they can know when their rights are being
infringed by legislation or actions of others, acting
officially or otherwise. Bad laws frequently come
from good intentions. If we do not know and understand
our rights, we cannot detect dangers to them. Only
by understanding can we protect the rule of law which
has provided our country with the best form of government,
and our people with the most freedom that the world
has ever known.
We need to guard against
surrendering any of our rights for reasons of expediency
or security. As members of the legal profession, we
owe a special duty and obligation to protect the rights
of the individual and to preserve the rule of law.•
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