Our 250th anniversary: We must all be participants

We are at a historic moment in our nation’s history and must not only witness but actively participate as we celebrate the 250th anniversary of the Declaration of Independence. Two hundred and fifty years ago, a group of leaders — lawyers and judges among them — put their names to a document that was, at its core, a legal argument. It was not just a declaration; it was a brief that was submitted to the world. It asserted that power must be justified, authority must be accountable, and that the rule of law must rest on something deeper than force.

That idea has become our inheritance. And it is so important to remember that our history is not just found in textbooks about the great moments in the past that shaped our nation. History is happening right now, and we are more than mere students of history — we are witnesses and must be participants. So, I share with you three events that occurred recently in our federal courts – two events in the courtroom where I serve. Each event speaks to the beauty of our democracy — a democracy that has been continually renewed by those who participate and freely choose to make the ideals of the Declaration of Independence their own.

The first event took place on May 1 as part of the National Law Day of Action. Together with the Federal Bar Association and The Florida Bar, lawyers from across the Southern District of Florida came together and filled the courtroom to reaffirm their oath of attorney. The ceremony began with a discussion of the lawyers’ role in our society. It was a warm yet solemn ceremony. Pocket U.S. Constitutions were distributed and one lawyer shared that, for his over 50 years of practice, he carries his pocket constitution every day with him in his breast pocket — a reminder of his role in our democracy. The lawyers in attendance recommitted themselves to resisting the erosion of truth in our advocacy. The recommitted to a rejection of the temptation to treat the law as merely a tool for winning.

The recommitted to standing firm when the institutions we serve are tested or criticized unfairly. They recommitted to the understanding that their Oath of Attorney is not situational — it does not bend with politics, pressure, or public opinion. They recognized that 250 years ago, a bold claim was made — that a nation could be governed by laws rooted in enduring principles. And, as attorneys, they understood that the bold claim endures in the work that they do every day. It was a powerful day. And at the end, friends and colleagues signed other’s pocket constitutions to mark that historic day that they shared together.

The second event occurred recently, as part of Miami-Dade County’s Celebrate 250.  I was invited to preside over our naturalization ceremony in the historic Freedom Tower. The Freedom Tower, now part of Miami-Dade College, served as the refuge for Cubans fleeing communist Cuba following the 1959 Cuban Revolution. The venue was fitting as we welcomed to the U.S. 65 new citizens from 29 different countries. I was so proud to administer the oath of allegiance and witness a beautiful moment in their lives and our country. Speaking before our new citizens and their families, I emphasized, as many of our judges do when they preside over naturalization ceremonies, that the United States was not founded on a shared ancestry, a common religion, or a single ethnicity. It was founded on an idea: that freedom belongs to every person, and that government derives its power from the consent of the governed. It can be earned through commitment and embraced through choice. That each citizen chose America, and in doing so, they have renewed and strengthened America. That each new citizen now becomes an author of our country’s next chapter. And the personal stories shared by our new citizens remind us that the ideals expressed in 1776 still inspire people around the world, that freedom remains worth pursuing, that opportunity remains worth striving for, and that citizenship is one of the highest privileges and responsibilities in our democracy.

The third event is consistent with one of the 27 grievances our Founders listed in the Declaration of Independence — the right to a trial by jury — a belief that justice belongs to the people — not to a king or political power, but on the judgment of our fellow citizens. Recently we concluded a three-week jury trial. The defendant was charged with attempted use of a weapon of mass destruction and threatening to assault a federal law enforcement officer. Three weeks ago, 85 random citizens honored their jury summons, reshuffled their personal and professional lives, and reported to our federal courthouse for jury duty. They then came into the courtroom and permitted the attorneys and me to engage in a lengthy discussion about their role as jurors, and to ask them many questions about their personal lives. The 15 men and women selected as jurors then took another oath and conscientiously assumed their important roles as the judges of the facts. They arrived each day and intently listened to and considered the testimony of many witnesses, video clips, audio recordings, and hundreds of documents.

During the closing arguments, the defense attorney — an excellent trial lawyer —  passionately imparted these words to the jury:

There's a reason that when you enter and exit this courtroom everybody stands up; everyone in the gallery stands up, all of the lawyers stand up, and even the Judge stands up. And the reason for that is: You are what makes juries and justice in this country different from everywhere else in the world. We're just a few days away from America's 250th anniversary.

And I want to tell you some of the things the Founding Fathers said about your role in this country. Thomas Jefferson, one of our first presidents, said that the right to trial by jury is the only anchor ever yet imagined by man by which a government can be held to the principles of its constitution. John Adams, also one of our first presidents, said that, along with the right to vote, the right to a trial by jury are the heart and lungs of democracy.

Then, after listening to the court’s instructions on the law, the 12 jurors walked into the jury room, deliberated together, and arrived at a unanimous verdict. The jury determined the facts and applied the law to those facts. They understood their role in our great democracy. And after they were discharged for completing their jury service with the thanks from the court, the 12 men and woman left this note on the board:

Seeing our justice system operate firsthand was an incredibly memorable experience and thank you! Wishing you all the best, Juror Team.

What a beautiful gesture. They thanked US — for allowing them to serve and be part of our great democracy.

Those three recent events are some of the many reasons why we are so fortunate to commemorate 250 years of our nation's founding. We have been entrusted to ensure that the bold principles proclaimed in 1776 continue to endure for generations to come. But being an eyewitness to history carries responsibility. A witness does more than observe. A witness tells the truth. A witness preserves what matters. A witness ensures that what is valuable is not forgotten. The generation that declared independence pledged Our Lives, our Fortunes and our Sacred Honor. They handed to future generations an unfinished experiment in self-government. And every generation since has had the same assignment — not to create America anew, but to preserve and strengthen the institutions and ideals that make liberty possible. That assignment now belongs to us.

When future Americans gather to celebrate the nation's 300th anniversary, they will look back on this generation just as we look back on those who signed the Declaration. They will ask: Did we protect the rule of law? Did we preserve confidence in our courts? Did we remain faithful to the Constitution? Did we pass on a democracy that was stronger than the one we inherited? Those questions will not be answered by monuments or speeches. They will be answered by the choices we make every day — whether we treat one another with civility, whether we defend the independence of our institutions, whether we respect the peaceful resolution of disputes, and whether we remain committed to equal justice under law.

The drafters of our Declaration of Independence never intended it to be just a historical document. Rather, it was and is an invitation to every generation to renew the American experiment and remain not only eyewitnesses to history — but more importantly, to be active participants in it. The story of our American democracy is still being written, and each of us has the privilege, and the obligation, to help write its next chapter.