The following is from the website of the National Association of Criminal Defense Lawyers (NACDL). At the end are links to other posts about the Constitution and our liberty. Esp note the first — Forecast: Death of the American Constitution (4 July 2006).
Background
In the critical year of 1944 a vast “I Am an American Day” ceremony was held in Central Park, New York City, on May 21. Many thousands of people were present, including a large number of new citizens. Learned Hand’s brief address was so eloquent and so moving that the text immediately became the object of wide demand. It was quickly printed and reprinted and also put into anthologies. The impact was so great that the speaker was invited to address a similar gathering the next year.
The Speech
We have gathered here to affirm a faith, a faith in a common purpose, a common conviction, a common devotion. Some of us have chosen America as the land of our adoption; the rest have come from those who did the same. For this reason we have some right to consider ourselves a picked group, a group of those who had the courage to break from the past and brave the dangers and the loneliness of a strange land.
What was the object that nerved us, or those who went before us, to this choice? We sought liberty; freedom from oppression, freedom from want, freedom to be ourselves. This we then sought; this we now believe that we are by way of winning.
What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it.
And what is this liberty which must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not freedom to do as one likes. That is the denial of liberty, and leads straight to its overthrow. A society in which men recognize no check upon their freedom soon becomes a society where freedom is the possession of only a savage few; as we have learned to our sorrow.
What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the mind of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned but never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest.
And now in that spirit, that spirit of an America which has never been, and which may never be; nay, which never will be except as the conscience and courage of Americans create it; yet in the spirit of that America which lies hidden in some form in the aspirations of us all; in the spirit of that America for which our young men are at this moment fighting and dying; in that spirit of liberty and of America I ask you to rise and with me pledge our faith in the glorious destiny of our beloved country.”
Who was Judge Learned Hand?
From Wikipedia:
{He} was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit. Hand has been quoted more often than any other lower-court judge by legal scholars and by the Supreme Court of the United States.
For more information
To read other articles about these things, see the FM reference page on the right side menu bar. Of esp interest are:
Posts about the Constitution and our government:
- Forecast: Death of the American Constitution, 4 July 2006
- The Constitution: wonderful, if we can keep it, 15 February 2008
- Congress shows us how our new government works, 14 April 2008
- See the last glimmers of the Constitution’s life…, 27 June 2008
- Remembering what we have lost… thoughts while looking at the embers of the Constitution, 29 June 2008
- A report card for the Republic: are we still capable of self-government?, 3 July 2008
- Another step away from our Constitutional system, with applause, 19 September 2008
- What comes after the Consitution? Can we see the outlines of the “Mark 3″ version?, 10 November 2008
- Are Americans still willing to bear the burden of self-government?, 27 March 2009
- “Lights, Camera, Democracy” by Lewis Lapham, 24 May 2009
- “The Constitution that I interpret and apply is not living, but dead.” – Supreme Court Justice Scalia, 9 June 2009
Great speech. The spirit of liberty as such as a “culture” of liberty would be not so much a celebration of individualism, but an invitation to explore in depth what we share in common. Or in other words culture itself.
Agreed the speech is powerful. My principal opposition to an ever increasing government role in daily life is that by removing from citizens the basic decisions inherent in adulthood insidiously robs them of self-reliance. This is the death of liberty in the hearts of men of which Judge Hand speaks. How can it live when it is deprived the opportunity to be excercized? No matter the intentions of various government policies, they aggregate to a soft despotism, and are most dangerous because they destroy liberty in the hearts of men by atrophy over time and thereby mask the decline.