Our country, and our Bar, are built upon inclusion of a plurality of viewpoints. But sometimes something insidious sneaks in, masquerading as a viewpoint and taking advantage of our freedoms. It thrives on lethargy, distraction, and the exhausting white noise our guarantee to freedom of speech sometimes generates. But it is there nonetheless, and when not called out for what it is and worked against actively, it grows and poisons all it touches.
Each lawyer takes an oath, the first clause of which is to swear to “support the Constitution of the United States and the Constitution of the State of Michigan.”1 The preamble to the Model Rules of Professional Responsibility makes the extent of this obligation crystal clear:
“As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. […] In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.”
Supporting our Constitution and strengthening the pillars of our constitutional democracy are heavy matters. Many balk in the face of such lofty notions; it’s easy to just treat them as “politics” and focus on other things. During the past few months, I have participated in some events which have inspired and awed me and reminded me that good people rise in incredible ways to do good. And so can you.
On March 15, Detroit hosted a unique event at Wayne State University Law School — “Taking the Next Step: Ensuring Trusted Elections and Civics for Michiganders.”2 More than 200 community leaders — lawyers, teachers, county clerks and public officials, faith leaders, and journalists — registered to both learn and be heard. The event was led by the American Bar Association Task Force for American Democracy3 to:
- bolster voter confidence in elections by safeguarding the integrity and non-partisan administration of elections and providing support for election workers and officials;
- educate Americans on democracy and the rule of law and why they are foundational to every aspect of American lives; and
- share ideas with the American people for improving and strengthening our democracy and our elections.
Critically, the task force is both bipartisan and non-partisan, chaired by former Secretary for Homeland Security Jeh Charles Johnson, former federal judge J. Michael Luttig, and former ABA president William Ide. In addition to the ABA chairs, Secretary of State Jocelyn Benson spoke on the extraordinary reliability and security surrounding the election process and the challenges of combatting disinformation. National leaders in election integrity, several county clerks, and the former head of Michigan’s elections all addressed how safe our elections are, how they continue to strive for improvement, and how local leaders can reinforce fellow Michiganders’ faith in the system. Hand in hand with election integrity is civics education and professionalism; only if our citizens know basic civics can they be best equipped to defend our democratic government.
- In a recent Pew study, 51% of Americans said they are dissatisfied with how democracy is working and 46% said they are open to other forms of government, including rule by a strongman.4
- Less than one third of millennials consider it essential to live in a democracy.5
- According to a 2022 study from the University of Pennsylvania Annenberg Public Policy Center, less than 25% of U.S. adults can even name one of the three branches of government and more than 20% can’t name any government branch.6
How to reverse this trend? From Rev. Wendell Anthony to business leader Gary Torgow, attendees heard how all need to unite — from the pulpit to the boardroom — to defeat the forces that might threaten our cherished, yet ever fragile, form of government. As John Adams said, “Liberty cannot be preserved without a general knowledge among the people, who have a right … and a desire to know.”7
Then the real magic happened. Community leaders gathered in small breakout groups to share thoughts, connect, and report to the group at large on ways to move forward. Overwhelming themes included the need to meet people where they are, engaging on multiple fronts, stressing the importance of civic education and transparency of the process, and focusing on ways to encourage citizens to participate.
Hosting this event with my partner, Dennis Archer, I was humbled by the energy and passion of our citizens — from both political parties, from every walk of life — to rebuild respect for our democracy, brick by brick, through civics education and engagement. I learned about groups like Keep Our Republic and the Levin Center for Legislative Oversight and Democracy that actively engage with everyone from elementary students on up about our invaluable, fragile democracy.
A week later, I was in Lansing for a reception as part of the Michigan Center for Civic Education8 high school mock trial finals. I am a big fan of mock trials, having started an elementary mock trial program with the Oakland County Bar Association that has now sponsored nearly 4,000 students.9 At the reception, the sponsors of this charitable organization spoke with the same passion I witnessed the week before about the need for civics education and the tremendous impact — one student or adult at a time — that these programs yield. The goal is not uniformity of thought or opinion but finding ways through civil discourse to bridge gaps and not let partisanship damage critical institutions.
When I spoke in October at the National Trial Advocacy Competition, an event sponsored by the SBM Young Lawyers Section that attracted law students from across the country, I saw it again: the selfless giving of time and energy by lawyers not just to make better communities, a better legal system, and a better America for each of us, but because giving this way is so personally rewarding. Though he never said it,10 a quote widely attributed to Winston Churchill still rings true: “We make a living by what we get. We make a life by what we give.”
In the end, I don’t think I need to work very hard to convince you of the need for each of us to help by contributing to the strengthening of our democracy and our civic culture. It’s the doing that is daunting. But this is where ghosts get in the way; thoughts of “How can I find the time?” or “I don’t want to get involved in politics” or any number of other self-justifications paralyze us. Take heart. If you just start doing even a little, you will see how big of an impact it can make. And you will be energized beyond your hopes by those working beside you and those with whom you engage.
An easy way to start? Your very own Bar.