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As we celebrate our nation’s independence, we should be concerned about the growing lack of respect for the very institutions that our ancestors fought for in the American Revolution. Three independent branches of government and respect for the rule of law are the foundations of the American way of life. Our Founding Fathers knew that the three branches would sometimes disagree, which is why they made each branch independent. The Founding Fathers would be disappointed to see how, in the present day, these pillars of our democracy are too often viewed as obstacles when they conflict with personal agendas of those in power.
One of Gov. Mike Dunleavy’s recent vetoes provides a striking example of the increasing lack of respect for our country’s founding institutions. When the governor vetoed an additional $444 million in state services from the operating budget, he included a veto of $334,700 from the court system’s budget, an amount that corresponds to the cost of state-funded abortions, as a way of expressing his dissatisfaction with the court’s long history of protecting our right to privacy. The Alaska Supreme Court has repeatedly addressed the right to privacy, reproductive rights and abortion rights since it unanimously held, in Valley Hospital Association Inc. v. Mat-Su Coalition for Choice (1997), that reproductive rights include abortion rights and are fundamental rights encompassed in the Alaska Constitution. Since 1997, eight more justices have considered abortion rights, and none of the justices have suggested any change to the holding that the right to an abortion is a fundamental right in Alaska. By his veto, the governor shows a lack of respect for the independence of the courts, fails to follow the rule of law, and undermines public respect for the courts and our public institutions.
Sadly, the real consequence of the governor’s actions will be to punish Alaskans who need access to the courts. Despite the governor’s claims of support for public safety, his cut to the court system will mean more delays, slower justice and greater difficulties bringing criminal cases to trial. Meanwhile, the state will continue to pay for abortion services as the constitution requires. The claim that the governor and other representatives need only comply with their personal opinion about the meaning of the Alaska Constitution is wrong as a matter of law and wrong as a matter of fact.
Based on the governor’s actions, one might think that he sees the rule of law as an obstacle. If we lived in a monarchy, as we did before the American Revolution, the king would have control over the courts and the parliament. Under our constitution, however, the executive branch lacks that power. Students of history will recall Youngstown Steel (1952), which arose when President Harry Truman, relying on his inherent authority to prevent a national emergency, ordered the federal government to seize control of the steel mills to avert a labor strike and maintain steel production during the Korean War. The steel companies sued, arguing that the President lacked the authority to seize control of the mills. The Supreme Court ruled in favor of the steel companies, holding that the President had no power to act unless authorized by the Constitution or an Act of Congress. Although stunned by the decision, President Truman did not attempt to punish the Court by trying to cut its budget. Instead, within minutes of learning the result, President Truman ordered the steel mills returned to their owners. President Truman’s actions showed his respect for the rule of law and the courts.
When presidential scholar Tom Cronin wrote that we must refine our expectations of our public officials and “raise our expectations of ourselves,” he was reminding us that effective government is a two-way street. As citizens of this democracy, we should watch the growing lack of respect for our country’s institutions with unease. When we do not respect the institutions that are the foundation of our society, we lower our expectations of our leaders and of ourselves. As we celebrate Independence Day, let us remember that our government belongs to all of us. While we might unwisely cast aside our nation’s founding principles and institutions, it is in our best interest to treat our institutions with respect. The more we respect our institutions, the more we respect ourselves.
Rep. Matt Claman, D-Anchorage, was elected to the state House of Representatives in 2014. He has served on the Anchorage Assembly and also as acting mayor of Anchorage.
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