250th anniversary of the Declaration of Independence
“It’s neither the strongest nor the most intelligent of the species that necessarily survives; it is the species most adaptable to change.”
—often attributed to Charles Darwin
Some 250 years ago, a group of colonists set about to create change. While hailed as one of the most significant documents in history, the Declaration of Independence was at its core a 27-count indictment against the king of England and a call for application of our natural rights to self-governance. The declaration outlined the various acts and behaviors that infringed on the “unalienable rights.” Before the Second Continental Congress could vote on independence, there was debate. Were they going to fight for rights as British citizens, or were they going to fight for independence from Great Britain?
Many involved in the process were lawyers, so it should come as no surprise that the issues were discussed and debated. It should come as no surprise that they wrote down their views and shared them with colleagues and got feedback and revised writings. It should come as no surprise that members raised questions and worked to persuade others of the right course of action in the “course of human events.”
Ultimately, the delegates voted for independence, and the declaration was fully signed on Aug. 2, 1776. Twenty-five of the 56 signers were lawyers. So lawyers played a significant role in the creation of this country and have continued to move us toward that more perfect union.
It was lawyers who drafted, discussed and debated the issues of the day. It was lawyers leading the change even though, for many, their acts would constitute treason. They felt compelled to follow their hearts and stand up for their values.
As we prepare to celebrate the semiquincentennial of the Declaration of Independence, we must remember our role as lawyers, the change we have led and will be called to lead in the future.
We learned the significance of the change that is possible with law from the moment we entered law school. Unlike our undergraduate education, law did not have one right answer. We had to learn to navigate opposing views, gray areas and uncertainty. We had to assess risk and devise ways to protect against it. We had to learn how policy might encourage or discourage certain behavior. We had to learn to adapt to change and uncertainty. A change in the way we thought, a change in the way we looked at things—and most importantly, a change in the way that we reacted to things.
That ability to manage change, to adapt, to discuss and discern is needed now more than ever.
Our country is very polarized. It is hard to engage in a discussion or debate because everything seems to be reduced to a 30-second sound bite. People are not listening to each other. No one is trying to understand or even pausing before they move on to their next argument.
Rather than just celebrate the 250th anniversary of the Declaration of Independence with hot dogs, flags and parades, let’s turn to our strengths as lawyers.
Let’s help navigate change. Let’s engage in discussion that helps us crystallize the issues, explain the law, provide the facts and find common ground. If our republic is to survive and thrive for another 250 years, we must go back to why we thought independence was important and what self-governance requires.
Let’s leave our legal terms aside and speak plain English to each other. Let’s not use the buzzwords of the day. Let’s say what we mean and be curious about what others are saying. Let’s leave the absolutes off the table (always, never, everyone, those people), and let’s look at people as individuals who are our neighbors, colleagues, family members, friends and perhaps people we’ve never met.
Let’s look for solutions to the issues. Let’s be less concerned with who gets the credit and more concerned with the problem-solving that is in our DNA. Our republic is worth our time and effort, and we must give that time an effort so that there is a celebration 250 years from now.
As anthropologist Margaret Mead said: “Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.” n
Follow President Behnke on X @ABAPresident or email [email protected].
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