Thursday, Aug. 11, 2005 | 8:57 a.m.
Editor's note: In August the Where I Stand column is turned over to guest writers. Today's columnist is Nancy Becker, chief justice of the Nevada Supreme Court. Becker, prior to her election to the Supreme Court in 1998, was a district judge in Clark County.
"Time, time, time
See what's become of me
While I looked around
For my possibilities ..."
WHEN PAUL Simon wrote those opening lyrics to "A Hazy Shade of Winter," he described the thoughts of a person reflecting upon the passage of a life. In just a few weeks, Americans will have the opportunity to reflect upon the "life" of this nation.
Although we declared our independence from England in 1776, it was not until Sept. 17, 1787, that we formally established the framework for governing ourselves. On that date the United States Constitution was signed, although it was not until two years later, in 1789, that the state ratification process was completed.
Sept. 17 is Constitution Day. As a holiday, it doesn't get much fanfare. No fireworks or parades. And yet, without the Constitution, the United States could not be such a free society. Beginning this year, our schools and governmental entities will spend time reminding us and our children of the essential role the Constitution plays in preserving our way of life.
It is easy to overlook, after two hundred years, why our Constitution is such a unique and valuable document. We must not forget that it created, for the first time in history, a division of power among three branches of government, ensuring that no one person or group of persons could exercise absolute control over our country.
Each branch was given a primary function -- the legislative branch enacts laws and appropriates monies, the executive branch enforces the laws and the judicial branch interprets the laws. They work as a unit, sometimes in harmony, sometimes in disagreement, but always toward a common goal of preserving our free and independent society. This basic framework is duplicated in each state's constitution.
While the concept of three separate, but equal, branches of government is the backbone of our Constitution, it is the role of the judiciary and our nation's respect for the rule of law that makes us the envy of the world.
Certainly other countries have constitutions. Even the former Soviet Union had a constitution. But, unlike the United States, the Soviets either ignored or misused their constitution to justify the actions of a totalitarian state. Not so for the United States.
We created a Constitution that is more than a piece of paper. By establishing an independent judicial branch, charged with the power of interpreting our laws and the Constitution, our founding citizens gave the Constitution its strength and stability.
Each year, judges from other countries visit the National Judicial College in Reno to learn about our system of government and courts. Each year they ask: How can we make honest rulings when we are under the threat of punishment or violence to ourselves, our families or our friends?
They struggle to understand how our country, with such a diverse citizenship, can unite behind the rule of law. They yearn for the day when their countries' judges can act without fear of retribution.
I tell them that, however much our citizens may disagree or criticize a single judicial ruling, in the end we know that a country without an independent judiciary cannot truly be free. So, as a proud citizen, I ask you all to stop for a moment this Sept. 17 and reflect upon the treasure that is our Constitution.
Let us not forget the Constitution's value and its purpose: to protect us all, equally and fairly. I would hope that we do not look around and discover one day in the "life" of our country, as Paul Simon wrote, that the ...
"Leaves are brown
"And the sky is a hazy shade of winter."
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