President’s Corner > The Rule That Unites Us

By Sunitha Anjilvel

Greetings from your Bar president! Many Americans woke up on Nov. 6 and thought, what next? Having gone through one of the most polarized elections in history, it is time to move forward. What does “forward” mean? Does it mean not talking to friends and family who didn’t vote the way you did? (That seems extreme and exclusionary.) Does it mean only interacting with those who think like you? (That seems unrealistic and limiting.) Does it mean moving ahead calmly, hopefully even collaboratively, as you recognize the unifying power of the rule of law? Of course, the choice is yours because that is the essence of democracy—we are free to choose our thoughts and actions without fear of reprisal. 

The rule of law is the principle that our laws as duly promulgated assume primacy in our democratic system. As stated on the U.S. Courts website, all individuals, institutions, and entities are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights principles.¹ In a potentially divisive time, it could be argued that the rule of law is what binds us together; it is a necessary unifying feature of a system in a time of potential disunity.

We cannot understand the rule of law relative to our modern-day jurisprudence if we do not have a sense of its philosophical background. The appearance of the concept in Western civilization likely dates back to the ancient Greek philosopher Aristotle. According to Aristotle, “It is more proper that law should govern than any one of its citizens: upon the same principal, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the law.” For Aristotle, the guardianship of “just” laws is the most critical feature of leadership in government. The notion of the rule of law as a cornerstone of democracy continued to take shape in the writings of British philosopher John Locke, who in the late 1600s stated, “Wherever law ends, tyranny begins.” About 100 years later, the rule of law became a bedrock of the U.S. Constitution. 

For lawyers and legal professionals, the rule of law is our business. No matter our area of practice or who we represent, we operate within a system that requires us to defend, support, and guard the rule of law. This is not a partisan endeavor. In fact, the rule arguably promotes honoring our institutions no matter who leads them. The rule also promotes civility and respect for our executive, judicial, and legislative branches. But this does not mean we cannot challenge systemic laws that conflict with other laws or that are unconstitutional. Nor does it mean that we cannot challenge, where appropriate, new laws that are inconsistent with others or with our Constitution. A system based on the rule of law must allow for legally appropriate challenges. 

As legal professionals we are born into and schooled to work within an adversarial system. In a politically charged climate, it is sometimes hard to focus on what unites us over what tears us apart. But every legal professional in the state of Washington is bound together by one thing upon our admission to practice law and that is our oath to the court, our pledge to support the Constitution and its laws, and a promise to respect the judiciary.

In another life of mine, some years ago, in another state, I had occasion to work on a bipartisan statewide ballot initiative. It was fascinating to connect with people from different sides of the aisle who shared the same concerns about this particular initiative, which arguably sought to redress a rule of law issue. In talking to folks, it was remarkable to me that while they might radically differ as to certain fundamental political viewpoints, they were able to hold a common cogent stance connected to the rule of law. It gives me hope that as long as the rule of law is a constant, we have a way of rising above politics and safeguarding our democratic system. 

Want to join the effort? The WSBA’s leadership understands and proudly supports the critical responsibility that lawyers and legal professionals play in upholding the rule of law as the foundation of our democracy. The Board of Governors has adopted as part of its official role service as public ambassadors, to increase trust and confidence in the legal profession as defenders of the Constitution, rule of law, and individual freedoms. We are also launching an ambassador program to equip and support WSBA members who want to volunteer to spread this message in their own communities. Thank you to those who have already indicated you are interested. If you would like to be part of the effort, contact WSBA Chief Communication and Outreach Officer Sara Niegowski at saran@wsba.org.

NOTE

1. www.uscourts.gov/educational-resources/educational-activities/overview-rule-law.

This article is reprinted from the December, 2024 issue of Washington State Bar News with the permission of the Washington State Bar Association. Any other use of this material without the express written permission of the Washington State Bar Association is prohibited.