“hat the American Founders did not do-could not do-was guarantee the success of their creation. Doing so is one of the ways we can deliver on the solemn promise we made when we took an oath to support and defend the Constitution and laws of the United States of America. Consequently, as members of the legal profession, we should engage in and promote civic education that will support and strengthen the Rule of Law. The beneficial effects of civic education are not only desirable but necessary for our well-being as a nation. Moreover, that concern is a continuing one on the part of thoughtful commentators, and empirical evidence demonstrates that there is substantial cause for concern today. For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise.” However, as discussed below, Franklin’s statement about “A republic, if you can keep it” does reflect a shared concern and understanding of the Founders. In fact, he observed: “I confess that there are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. It requires the constant attention and devotion of all citizens.” The focus of this piece is the aspect of the above definition of the Rule of Law that pertains to community commitment.įranklin’s views did not always carry the day during the Constitutional Convention. In writing about Franklin’s statement, Professor Richard Beeman concludes: “If there is a lesson in all of this it is that our Constitution is neither a self-actuating nor a self-correcting document. But what I take away from it is that we can only keep our republic if we are willing and able to do the hard work it takes to maintain it.

His answer was: ‘A republic, if you can keep it.’” I came across no record of Franklin elaborating on this provocative statement. “There is a story, often told, that upon exiting the Constitutional Convention Benjamin Franklin was approached by a group of citizens asking what sort of government the delegates had created. The Rule of Law is “a durable system of laws, institutions, norms, and community commitment” based on “four universal principles”: “just law” “open government” “accessible and impartial justice” and “the government as well as private actors are accountable under the law.” The cornerstone of that system in this country is the United States Constitution.

To regress to weights