Loving the Law

I love the law. This is not to say that I love every law or even most laws. In fact, love is not the term I would use to describe the laws that I believe are good, necessary, or beneficial. When I speak of the law, it is the essential aspects of the U.S. Constitution that hold a place in my heart.

This is the first in a series of essays about the remarkable aspects of the Constitution. I will explain these crucial legal concepts and illustrate how they apply to the actions of the current administration in an effort to energize and strengthen our struggle to preserve this nation’s form of government. My hope is that you will also find and/or rekindle a deeper appreciation of what we have, what we are losing, and what we can do to preserve our Constitution.     

Purpose of Our Government

Our Constitution speaks to essential societal questions. 

·        How do millions of people with individual needs, desires, challenges, values, and competing interests create, maintain, and live together in a free society?

·        How do we establish a government that has enough power to govern in a meaningful way, that is informed by the will of the people, with checks that prevent the government from becoming an autocracy?

·        How do we create and op erate a system that serves both the common good while preserving individual rights?

·        How do we create a government that can adapt to reflect changing beliefs, priorities, technologies, and issues that either are not fairly addressed or did not exist in the late 1700s at the time of the founding of the country?

·        How do we guard against the human tendency to prioritize the needs and desires of those in our tribe (family, close friends and those of our culture) over those of others?

·        How do we create a government that provides for public safety and the resolution of civil law conflicts and those with other nations, while not depriving the people of their individual rights?

         How do we create a fair and effective commercial and financial system?    

The answers are complicated. They require the development of a set of common core beliefs and the recognition that the best method to ensure these goals will change with the times. The Constitution, as amended and because it contains an amendment process, continues to offer us the best opportunity to live in a society that reasonably addresses the questions. Having said that, today is a time for thoughtful discussion about constitutional amendments that could bring us closer to a more effective and just society.  

The essays in this series will contain my rendition of the Rogers and Hammerstein song, “My Favorite Things,” this being “My Favorite Constitutional Things.” My prized list includes:

Individual Rights

·         rights to the freedom of speech, the press, religion, to assemble, to petition for

redress of grievances (First Amendment, 1791)

· right to be free from unreasonable search and seizure and for the government to follow warrant requirements (Fourth Amendment, 1791)

·         in criminal cases the rights to be free from self-incrimination and double jeopardy (Fifth Amendment, 1791); to a public, speedy criminal trial decided by an impartial jury, to be informed of the accusation against them, to confront and subpoena witnesses, and to representation by an attorney (Sixth Amendment, 1791);

·         right to be free from the government taking private property for public use

without just compensation (Fifth Amendment, 1791)

·        right to jury trial in civil cases (Seventh Amendment, 1791)

·        right to be free from excessive bail or fines and cruel and unusual punishment (Eighth Amendment, 1791)

·        right to be free from slavery and involuntary servitude (Thirteenth Amendment, 1865)

·        birthright citizenship and naturalization process (Fourteenth Amendment, 1868)

·        right to vote (Fifteenth, 1870, Nineteenth, 1920, Twenty-Fourth, 1964, Twenty-Sixth Amendments, 1971)

·        rights to due process (applies to state governments) and equal protection (Fourteenth Amendment, 1868)

·         right to due process (applies to the federal government) (Fifth Amendment, 1791)

·         right to habeas corpus (Constitution, Article I) 

Government Structure and Procedures to Limit Power

·         three separate branches of government with limited rights, and checks and balances (Constitution, Articles I, II, III, 1779)

·         impeachment and conviction process (Constitution, Article II)

·         process to amend Constitution (Constitution, Article V, 1791) 

·         prohibition against making a law “respecting an establishment of religion” (First Amendment, 1791)

·         the list of the people’s rights in Constitution is not exhaustive (Ninth Amendment, 1791)

·         powers that are not given to the federal government are reserved for the states and the people (Tenth Amendment, 1791)

The above topics will be covered in nine essays:

1. Due Process

2. Equal Protection

3. Speech, Assembly and Remedies

4. Religion – Freedom and the Establishment Clause

5. Free Press – the Fourth Estate

6. Criminal Rights

7. Free and Fair Elections – Rights and Obstacles

8. Constitutional Guardrails

9. Constitutional Amendments & Grassroots Action

From time to time I will also be writing about other topics that deserve immediate attention between those in this series. At the same time, I want to emphasize that every essay in this series is essential in understanding and addressing the immediate issues of the week.  

Constitutional Issues Relating to the Current Administration

The Constitution creates a robust mechanism for developing and maintaining a democracy.  The application of this document to our lives and the life of the nation, however, is checkered. It is, after all, administered by humans, with all of our differences, complexities, and imperfections. 

Our history includes the fact that the people who wrote the Constitution inserted provisions which furthered the horrific treatment of Black and Indigenous people, who to this day are still living with the ramifications of these actions. Ironically, it has been the use of our Constitutional rights and processes that has enabled meaningful change relating to Black and Indigenous people.

Today, we are facing a threat to the Constitution. In May 2025, the president was asked if as president, he was required to “uphold the Constitution.” He replied, “I don’t know.” It was  shocking and painful to hear his response. Based on his actions as president, however, the surprise was that he did not reply “no.” This should shake us to our core. The only appropriate response is for people to demand that he be impeached by the House and convicted by the Senate. Instead the most common response by Congress, the media, and people is a version of “there he goes again.” We are emotionally and physically exhausted. Some have been beaten into submission. There is hope. It is a hope that will continue to be found in sustained, collective action.    

The president has acted in violation of many other aspects of the Constitution and filled his administration with people who care more about power and money than the Constitution. We have an unprecedented number of elected and appointed officials in all three branches of government who lack the moral courage needed to follow, enforce, and defend the Constitution.

These include people who profess to be liberal or progressive but do not act consistent with those values. Additionally, many educational institutions, corporations, media outlets, journalists, executives, and professionals have followed suit. These other organizations and individuals are not mere bystanders. They are active participants in the deterioration of the Constitution. 

During the past couple of weeks ICE has killed two people who were engaging in peaceful protest. On the day of these killings and during the following days and weeks, the administration expressed full support of these actions. During this same time the President has arguably violated international law in its acts against Venezuela, has threatened the sovereignty  of Greenland and Canada and taken actions to undermine NATO.  

The People’s Response

The core aspects of the Constitution are being decimated by this administration. On June 14, 2025, the president had a military parade intended to replicate those held in dictatorships. On that same date, people opposing this president’s desire for an absolute reign of power responded with a powerful, peaceful, demonstration of their commitment to the Constitution – No Kings Day. 

On June 14, over five million people from all fifty states held protests in over 2000 large cities and small towns. They carried signs opposing dozens of domestic and international actions taken by this administration. The number of protesters, states, cities, and issues were unprecedented in our nation’s history. This day was preceded by six months of weekly protests, organization and direct action taken by people throughout the nation.

Through their willingness to stand up against the president, people have clearly communicated that they are committed to the consistent, difficult work that will be necessary to preserve the Constitution. One protest sign that is being increasingly carried at large rallies reads, “I’m an introvert, but I will do this every week if necessary.”

During the past two weeks people are protesting throughout the nation, often in subzero temperatures, against the killings by ICE and its other barbaric, unconstitutional actions. An increasing number of people are calling for a National General Strike and Protest.

A more in depth understanding of the Constitution will further success in this work. I hope these essays will contribute to the urgent need for education and action.   

Christine Yared