We are at a crossroads. Our “identity” is an identity of differences–different cultures, races, ethnicities, gender, politics, religion, income, education, and more. What binds this country together is our Constitution, which guarantees respect for these differences through its Amendments, provisions for representative government, and a system of separation of and checks and balances between the three branches of government. Constitutions are an expression of national identity that reflect a nation’s formative experience, its political culture, and the goals and aspirations of the polity. It reminds its people of what it means to be a citizen. Constitutional interpretation and national identity emerge from the dialogue that takes place among the legislative and executive branches, an independent judiciary, and an engaged citizenry.
Where a constitution and national identity are derivatively based on differences and tolerance for those differences, as they are in this country, the inevitable dissonance arising from competing interests and values can rock a nation’s core and foundation. I believe we are being tested in that capacity today. Hopefully, the dialogue between our branches of government and our people will be conducted with a tolerance and understanding that constitutional disharmony is critical to the development of our national identity. How dissonant perspectives are incorporated into the dialogue between government institutions, and how they may impact constitutional interpretation and national identity, are important and suggest that a nation’s constitutional principles may evolve and its national identity may not be stagnant.
The judicial branch plays an important role in this dialogue. As stakeholders, we must take a seat at the table and recognize our importance in shaping this nation’s evolving identity. Our effectiveness, as always, is moored to the judicial branch’s ability to remain independent and nonpartisan.
The Conference and the Appellate Judges Education Institute are nonpartisan institutions, with members who have diverse backgrounds and thoughts but who are dedicated to serving and promoting a nonpartisan and independent judiciary. The primary mission of the Conference is education. To that end, the Conference and the AJEI partner with the National Judicial College to host an annual Summit. This year’s Summit will take place November 13-17 in Boston, Massachusetts, at the Westin Boston Seaport District. It will feature over twenty panel discussions on emerging trends, challenges, and issues facing the judiciary. You can register for the Summit on the National Judicial College’s website.
This is my final column as Chair. Judge Chris McFadden of the Court of Appeals of Georgia will be my able successor. It has been a joy to work with the Executive Committee and to have so many dedicated and talented people with such diverse ideas involved in the Conference. We are immensely fortunate to have Amy Dasgupta, our Conference Manager, to guide us through everything ABA and to keep us on track and organized. She has made this past year productive, manageable, and enjoyable. We are equally fortunate to partner with the National Judicial College to produce the premier educational programming of the Summit.
In parting, while the judicial branch of government is considered the “silent” branch of government, we have a significant role in the dialogue shaping this nation’s evolving identity – a role that requires us to take a seat at the table and defend and protect judicial independence, our Constitution, and the rule of law. Only through our participation, outreach, and commitment to these fundamental principles, will our democracy and this nation survive and thrive.