International Herald Tribune Editorial - Marking a holiday whose time has come

International Herald Tribune Editorial - Marking a holiday whose time has come
Copyright by The International Herald Tribune
Published: May 1, 2007


President Dwight Eisenhower established May 1 as Law Day to co-opt the biggest day on the socialist calendar. While much of the world marked May Day with critiques of capitalism and parades celebrating working men and women, the United States would honor, Eisenhower declared, the "national dedication to the principle of government under laws."

Despite its propagandistic beginnings, a day set aside to honor the rule of law was not a bad idea. On the first Law Day, in 1958, Governor Averell Harriman of New York attacked Governor Orval Faubus of Arkansas for blocking integration. His fight to keep black children out of the Little Rock Central High School "offends the concept of law on which our society is based," Harriman insisted.

Law Day proved to be a boon to international law, which was seen during the Cold War as a check on Communism. In his proclamation creating the holiday, Eisenhower emphasized law's role "in the settlement of international disputes." On Law Day 1959, Senator Prescott Bush of Connecticut, grandfather of the current president, urged, remarkably, that international conflicts be settled by the World Court.

While the Soviet threat loomed, Law Day attracted a sizable following.

In 1961, a headline in The New York Times reported, "100,000 Law Day Celebrations Take Place Throughout Nation."

But as the Cold War waned, so did Law Day. It is marked today most notably by the American Bar Association, and it is perilously close to becoming a celebration of lawyers.

That is unfortunate. As long as there was a national consensus about the importance of the rule of law, Law Day felt superfluous, like celebrating gravity. But for six years now, the rule of law has been under attack. An array of doctrines has emerged to undermine it, like the enemy combatant doctrine, which says people can be held indefinitely without trial, and the unitary executive doctrine, which insists that a president can do as he wants in many areas, no matter what Congress says.

In keeping with tradition, President George W. Bush has issued a proclamation inviting Americans to "celebrate the Constitution and the laws that protect our rights and liberties." It rings more than a little hollow, though, as he continues to trample on civil liberties in the war on terror, and stands by an attorney general who has politicized the Justice Department to a shocking degree.

The less committed a president is to the law, the more need there is for Law Day, which makes it a holiday whose time has come.