Where I Stand — Lloyd D. George: A powerful symbol

Thursday, Aug. 31, 2000 | 9:12 a.m.

Editor's note: In August Where I Stand is written by guest columnists. The new U.S. Courthouse in Las Vegas bears the name of today's guest columnist, Lloyd D. George, who is a U.S. district judge.

The completion of the new U.S. Courthouse has once more caused me to reflect on our federal Constitution, and particularly the tenets of competition and cooperation embodied therein. More than 213 years ago on May 25, 1787, with a quorum of seven states present, the Constitutional Convention formally opened at Independence Hall in Philadelphia. Finally on Sept. 17, 1787, after working through the summer, 39 of the delegates signed the Constitution. The birth of the Constitution and the celebration of its creation is important. However, perhaps what we should celebrate as well, is the life of the oldest surviving constitution in the world today.

We have heard the Constitution described as a living document. Literally, however, it is only print on parchment. Without something more, the Constitution would be little more than an interesting historical manuscript, its words merely describing a philosophical approach to government. That "something more" that has made it work, and has made it unique, is a faith in those principles and a soundness in employing them. The more I work with it and compare it with other foreign governments, the more I am convinced that this remarkable product, created by the founding fathers, was a work of inspired genius. The constitutional checks and balances have carried this government through early political challenges, a great civil war and other turbulent times. Thus, it is the combination of the words and meaning given them and the faith of the citizenry in the princi ples on which it is founded, that has given the Constitution its life force.

This Constitution contains an antidote for the abuse of power, which is found in the concept of separation of powers. The separation of powers is structured both vertically and horizontally, if you will, separating the federal and state systems and further the various branches within those systems. We are all familiar with these concepts. In many foreign countries I have worked in, the branches with the most resources prevent the true independence of other branches. Often the branch or person who controls the military, controls the country. In the United States, however, the separation of power and the inner control of individuals who have been willing to respect it, have invited peaceful, rather than violent, transitions of power, a course unimaginable by many other nations.

Of course, the Constitution was not founded merely on the idea that the federal and state governments, and the separate branches within those governments, are always adversaries in a struggle for political or economic gain. On the contrary, the Constitution is also premised on the concept that in a free and open society, the branches of government and the different governmental agencies will cooperate where appropriate to promote the public good.

The construction of the U.S. Courthouse provides an example of that cooperation both between the various branches of the federal government, and between the federal, state and local governments. Nevada's federal legislative delegation, both past and present, worked diligently to put in place the federal funding for the project and to acquire a proper site for the building. In addition, the General Service Administration, or GSA, which is an executive agency charged with supervising the construction and maintenance of federal facilities, welcomed the suggestions and input of the entire judicial family in all aspects of the development. These efforts, combined with the foresight of Las Vegas city officials in providing a prime location for the courthouse, resulted in a beautiful and functional structure that will serve the needs of the federal judiciary in S outhern Nevada for the next five decades.

As a result of the successful interplay of various government entities and participants, the structure will become, in many regards, unique to the downtown area, just as courthouses have historically represented, both physically and politically, the center of the community. The courthouse will stand not only as a monument to skill and workmanship, but will also be a symbol of the importance of the rule of law in society, the mission of the third branch of government, and the balance of competition and cooperation among governmental entities.

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