Over two centuries ago, Philadelphia became the birthplace of one of the most significant aspects of our nation’s history. Below the Liberty Bell hanging above Independence Hall, delegates gathered in the heart of the city to approve the United States Constitution, setting in motion the state-by-state ratification process that would unfold over the next three years.
Since that monumental day, our Constitution has solidified the firm foundation of our nation’s democratic republic. Today, we must advocate, stand up for and reaffirm its principles.
This Constitution Day, we pledge to strengthen America’s democracy by mobilizing a better-informed citizenry. We are speaking out to uphold and protect the Constitution and to ensure all that it stands for holds true. Together, we should honor and celebrate, not abandon, its principles, which have stood firm as the foundation of our country. When asked what kind or form of government the United States would have, a monarchy or a republic, Benjamin Franklin, exiting Independence Hall, responded, “A republic, if you can keep it.”
Our country’s founders put the needs of the country above themselves in proposing the Constitution to the people. The long-held belief that no difference of opinion should stand in the way of defending our freedom rings especially true today for us as retired federal judges. Though we were appointed by presidents from different sides of the political aisle, our shared commitment to our judicial oath in upholding the Constitution remains firm. Sitting judges are often silenced by their code of ethics from defending themselves. As retirees, however, we are no longer so constrained. We refuse to sit back as attacks are launched against our Constitution and the courts.
Misinformation and disinformation too often affect the public’s opinion of the judiciary’s position as an independent check on abuses of power. Threats directed at judges and their families have become attempts to pressure those serving in the judiciary, harming their morale and eroding the public’s confidence in its courts. The influx of attacks toward our judicial system should not be tolerated in our democracy, no matter the severity. Vicious and unwarranted attacks on the judiciary must be firmly condemned, and this is true whether it is a verbal attack, such as the countless ones we have seen from officials in the executive branch of the national government, or worse, a more violent attack, such as the 2023 murder of Washington County Circuit Judge Andrew Wilkinson, who was shot and killed at his home in Hagerstown.
We often look to our history books to learn how Americans invented a new form of governance through the establishment of three separate and coequal branches. We have learned how our Founding Fathers overcame a powerful monarchy and fought a long war to protect the newly earned liberty of all Americans. But, if we remain silent as our judicial systems are berated, our children and grandchildren may not be able to rely on the democratic privileges that we all enjoy today.
As members of Keep Our Republic’s Article III Coalition, we accept responsibility for preserving our country’s constitutional values. Together, we will adhere to our unified commitment to defend the truths that have made the United States an enduring republic for more than 240 years. We call upon every American to join us in advocating for judicial independence, both for ourselves and for our future generations, just as our founders envisioned and the Constitution guarantees.
Retired Judge Andre M. Davis, a Baltimore native, was appointed by President Bill Clinton as judge of the U.S District Court for the District of Maryland in 1995 and later by President Barack Obama to the United States Court of Appeals for the Fourth Circuit in 2009. From 2017 to 2020, he served as city solicitor of Baltimore. Retired Judge Liam O’Grady was appointed by President George W. Bush to the U.S District Court for the Eastern District of Virginia in 2007.
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