September 13, 2016 Constitution Day is observed Friday, September 16, 2016. In celebration of the ratification of the U.S. Constitution, IAALS is joining with others around the country to share perspectives on the history, impact, and promise of the Constitution. This blog is part a series of Constitution Day posts,
authored by members of the O'Connor Advisory Committee to our Quality Judges Initiative, which are collected here. Join the conversation in the comments below, or on Twitter with #ConstitutionDay. The concepts embodied in the phrase “rule of law” are both simple and complex. Its simplicity derives from the fact that the underlying notion is clear: all persons, regardless of race, ethnicity, gender, religion, sexual orientation, economic or social status, or other group or individual characteristic, are equal in the eyes of the law. The concept, however, also requires that a complex web of laws and governmental actions come together to assure the protection of the rule of law for all. The judicial branch of government is responsible for assuring that all persons, from governmental actors to private individuals, receive the full benefits of the rule of law. To guarantee that the courts apply the law fairly and equally, we must assure that the judges presiding over disputes are independent, impartial, and well-qualified. We also must guarantee that our courts are available to all for the fair resolution of their disputes. I am concerned about factors that impact our ability to fulfill both those essential promises. My first concern involves attempts by political and special interest groups to politicize the judicial branch and transform our judges to nothing more than “politicians in robes.” The third branch of government was not conceived as being, and must not be, a political branch of government. Our judges must remain free to make their rulings based on facts and applicable law, and never to further one partisan or special interest point of view. The citizen who enters our courts to resolve a dispute with a wealthy business owner, with a person of political power, or with a member of a majority group must know that she will be on equal footing under the law. But recently we have seen multiple attacks designed to undermine the impartial nature of our courts, ranging from legislative changes to the size of appellate courts intended to allow a Governor to stack the court with political judges; to legislative efforts to deprive the courts of needed funds unless and until the judges change their prior opinions; to efforts of outside, special interest groups to pour money into state court elections to elect judges sympathetic to a particular point of view. All voters should hold accountable those politicians who seek to change our judges from impartial to beholden or to transform our courts into another political arm of the government. I also am concerned about our continuing ability to keep our courts accessible to those who need the courts to provide a fair, impartial, and speedy resolution of disputes related to the most important issues of their lives. Most cases filed in our courts do not involve large sums of money or disputed social issues. Most involve family law issues, including child support and custody issues, or landlord/tenant disputes or small contract disputes or personal injury issues. If our courts do not receive funding sufficient to be truly accessible, then the promise of a country governed by the rule of law remains only a promise rather than a reality for many. Our Founders envisioned a judicial system separate from the political branches of government, a system designed to fulfill the promise that this country would provide a government based on the rule of law. On this Constitution Day, as on every day, we all are responsible for ensuring the continued viability of that vision. The Founding Fathers are the men who created our government and forged our new Nation. Here are 10 facts about these men who contributed to our identity as a country. Fact #1: These seven men are the principle Founding Fathers: George Washington, Thomas Jefferson, John Adams, Benjamin Franklin, Alexander Hamilton, John Jay and James Madison. While there were many others who contributed to the founding of the United States, these seven are considered by most as the Founding Fathers. They all played key roles in the securing of American independence from Great Britain and in the creation of the government of the United States of America. Fact #2: There are many others who are considered founding fathers. While the principle seven contributed immensely to the founding, there are dozens of others who played smaller but valuable roles. George Mason, Patrick Henry, John Hancock, John Marshall, and Samuel Adams are some of those, just to name a few. There were 56 signers of the Declaration of Independence and 39 signers of the United States Constitution. In addition to men, women also played important roles, such as Abigail Adams and Mercy Otis Warren.  Fact #3: Each Founding Father offered unique contributions to the creation of the republic. While the contributions of men like George Washington and Thomas Jefferson are more well known, the writings, thoughts, and actions of numerous others influenced the ultimate shape of our nation. Some thought, some wrote, some fought, and some served in public office, but all of them contributed in some way. Fact #4: The Founding Fathers are the most important people to study to gain an understanding of the American ideals of freedom and liberty. The lives of these men are essential to understanding the American form of government and our ideals of liberty. The Founding Fathers were able to do what had only been dreamed of in Europe. How they accomplished what they did is essential in the study of American history and in understanding the global and timeless impacts of their work. Fact #5: While they all played important roles, the Founding Fathers often disagreed with each other. The Founding Fathers are often viewed as largely in agreement and are often referred to as a single entity that all worked together to create one American nation. In reality, they had extremely different views on all sorts of issues, including the role of the federal government, the issue of slavery, and how radical or moderate the American Revolution should be. At times, these differences of opinion destroyed friendships and threatened to pull the country apart. Fact #6: Most of the Founding Fathers were young men when they created the Nation. Often viewed as old men with white wigs and false teeth, many of the Founding Fathers were quite young when they helped create the Country. George Washington was 43 years old when he accepted command of the American Army during the war. Thomas Jefferson was 33 years old when he wrote the Declaration of Independence. John Adams was 40 years old when he argued for American independence. James Madison was 36 years old when he was at the Constitutional Convention. John Jay was 43 years old when he became the first Chief Justice of the Supreme Court. Alexander Hamilton was 33 years old when he was made Secretary of the Treasury. The oldest was Benjamin Franklin who was 70 years old at the Second Continental Congress. Fact #7: The phrase "Founding Fathers" was popularized by Warren G. Harding. Now a commonly used phrase, the term did not appear widely until after the 29th President of the United States, Warren G. Harding, began using it in many of his speeches in the late 1910s and early 1920s. Fact #8: Many of the Founding Fathers feared following generations might not be capable of maintaining American liberty. Like other generations, many of the founders were unsure if succeeding generations would be up to the task of protecting the liberty they had successfully secured. When Benjamin Franklin was asked after signing the Constitution if they had created a monarchy or a republic, Franklin replied: “A republic, if you can keep it.” Fact #9: The Founding Fathers were not perfect. While the founders created a form of government unlike any other in the world of that time, they were far from perfect people. Nearly half of them were slaveholders and all of them profited from the system of slavery in the United States. The nation they created ensured that the rights of white, property-owning men were protected, but it would take almost 200 years to ensure that all Americans were provided those same protections. Fact #10: The Founding Fathers left an unparalleled legacy in world history. Perhaps more than any other group of people in history, this small group of men distilled years of enlightenment thought into a form of government that sought to restrict central power, protect the rights of the citizens, and ensure the consent of the governed. To achieve this, they pledged their lives, their fortunes, and their sacred honor. These ideals they put into action we still believe to this day. What type of government did the Founding Fathers use?The Constitution, written in 1787, is the "supreme law of the land" because no law may be passed that contradicts its principles. No person or government is exempt from following it. The Constitution establishes a federal democratic republic form of government.
What were the Founding Fathers views on government?Their goal was to create a separation of powers, so no one branch of government could accumulate more power than the other two. A system of checks and balances was created to prevent tyranny. Keep in mind, colonists first came to America to escape tyrannical rule.
What form of government did the founders believe was needed?The Framers believed that the best form of government is one in which elected leaders represent the interests of the people. This is known as republicanism. The Framers wanted the will of the people to be reflected in the daily decisions of government and to prevent a tyrannical government from rising.
What did the Founding Fathers want?The Founding Fathers, the framers of the Constitution, wanted to form a government that did not allow one person to have too much authority or control. While under the rule of the British king they learned that this could be a bad system.
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