Introduction to American Law (Part 1)
By Kelley Keller
Journalists and others working in ‘communications’ need to know as much as they can about ‘the Law.’ That includes local, state, and federal laws as they pertain to our doing our jobs. The more we know, the better we’ll be able to navigate some of the tricky areas we can get into.
I’ve asked a legal expert and friend, Kelley Keller, to ‘introduce’ us to American Law. She has extensive experience in the legal field, as you will see in her bio at the end of this article. I hope you will take notes, print the newsletter, share it with others in journalism and communications, and by all means — use the information.
What is Law?
The law is a teacher. It tells us what’s permissible and impermissible and provides the guidelines and guardrails for a civilized society. It represents and protects the norms and values of those to whom it applies and provides the procedures for ensuring fairness and justice in the process. When the law fails to perform any of these functions, it devolves into a series of unjust edicts incapable of serving a free society.
The Rule of Law
The rule of law is a political ideal rooted in both classical Greek and Roman thought that holds all people accountable to the same set of laws, regardless of their station in life. In a rule of law society, it is a set of laws–not monarchs, dictators, or unelected elites–that establishes social order and equal justice in deference to the will of the people. Simply put, the rule of law means that the law applies equally to everyone; no one is above the law, and no one is below the law.
Under the rule of law, the law’s sole purpose is to protect the natural, inalienable, and pre-political rights of the citizenry from both government overreach and the misdeeds of fellow citizens. Its mission is to defend the freedom, liberty, and will of the people which, in the United States, are expressed in the Declaration of Independence and codified in the U.S. Constitution, including the Bill of Rights. If any law stands in opposition to the Constitution, it is void ab initio, or null and void from the moment it was created, and has absolutely no legal effect.
There is considerable debate today about the relevance and efficacy of the ideals and principles set forth in America’s founding documents, particularly regarding the rule of law, but make no mistake, it is via these documents that such debate is enabled in the first place and one dismisses them at their own peril. While many in the media opine on “systemic” issues in America sourced in our origins, their ability to do so with impunity relies on the availability of the legal protections these “problematic” documents provide, including the right to a free press. This is the irony of a free society, and one about which every member of the media should be keenly aware.
You Can’t Explain What You Don’t Know
In his 1964 hit The Times They Are A-Changin’, Bob Dylan sings “... don’t criticize what you can’t understand.” His admonishment is straightforward: get a grip on your surroundings or hold your tongue and your peace. Sixty years later, his lyrics still ring true and are particularly poignant for today’s news reporters. Failure to understand the “legal” waters in which you swim will often neuter your otherwise good faith efforts to explain, contextualize, or even condemn events you witness or experience. A lack of situational awareness can land you on the southside of the “V” in a lawsuit faster than anything else. When it comes to the law, ignorance is not bliss.
The Importance of Legal Literacy for Journalists
My goal with this and forthcoming posts on American law is twofold: (1) to help you better understand the legal aspect of the matters you investigate and report to the public, and (2) to demystify the legal protections available to journalists so you can personally avoid legal hot water. Whether covering a trial of public interest, international treaty negotiations, or the comings and goings of the town mayor, you’re not searching for just any “scoop,” but for legally obtained “scoop” that’s incidentally legal to disclose as well.
Unless you have a grip on the legal issues in play while getting stories and telling stories, your credibility may suffer or, perhaps even worse, you may unwittingly find yourself in a legal mess. Neither scenario is desirable, so it's best to avoid them altogether.
If you want to know how to stay ahead of the legal curve, you’re in the right place. But you must be willing to go back to the basics beginning with the genesis of American law. If you’re on board, keep reading!
The Organic Law
The two most important documents in American history are the Declaration of Independence and the United States Constitution; everything else rests on them. Together, they serve as the organic law of the nation and form the cornerstone of the entire American government. Organic laws are the fundamental principles and precedents that form the legal basis of a constitutional order and establish how the resulting polity is to be governed. Curiously, despite the depth and breadth of their mission, the documents comprising America’s organic law are relatively short and easy to read. In just over 9,000 words and not an hour of reading, you’ll learn (or relearn) the stated purpose of America, the organization of the federal government, and the substance of the laws of the land. We’ll take a deep dive into both documents in upcoming posts, but first, a preview.
The Declaration of Independence
The Declaration of Independence of July 4, 1776 is our first organic law and consequently the first document in the United States Statutes at Large, the permanent collection of every law and resolution enacted by Congress since the American founding. It is followed by the Articles of Confederation, the Constitution, and the Constitutional Amendments. As the Articles of Confederation were superseded by the Constitution, they’re no longer an active component of the nation’s organic law, but still retain tremendous historical importance.
Let’s take a high level look at the Declaration of Independence. It has 1,458 words organized into five (5) distinct sections, 56 signatures, and takes about 10 minutes to read.
Preamble: Identifies the purpose of the Declaration
Assertions: Describes 8 ancient principles of freedom and unalienable Rights
The Charges: Lists 27 acts of tyranny and despotism committed by King George III
The Defense: Lists the actions colonists took to resolve their differences with the King
The Declaration: Actual Declaration of Independence from the King and his parliament.
Now let’s turn to the Constitution.
The Constitution of the United States
The Constitution was created on September 17, 1787, ratified on June 21, 1788, and implemented on March 4, 1789. Superseding the Articles of Confederation, the Constitution is the supreme law of the land.
Here’s a big picture overview of the Constitution. It contains 7,591 words organized into eight (8) sections plus 39 signatures, and takes about 30 minutes to read. The amendments take another 10 minutes or so to read.
Preamble: Identifies the purpose of the Constitution
Article 1: Establishes the Legislative Branch (Congress)
Article 2: Establishes the Executive Branch (President)
Article 3: Establishes the Judiciary (Courts)
Article 4: Establishes ground rules for interstate relationships
Article 5: Establishes the amendment process
Article 6: Establishes the supremacy of the Constitution over the States
Article 7: Establishes Ratification Requirements
On December 15, 1791, three (3) years after the Constitution was ratified, the first 10 amendments, now known as the Bill of Rights, were adopted. Seventeen additional amendments have been ratified since that time, bringing the total number of amendments to 27. The Constitution was last amended in 1992.
Takeaway
The law is ground zero for every organized society. It stands in stark opposition to anarchy and serves as a civilizational glue that holds a society together. As noted above, it provides guidelines and guardrails for a people who chose a government of laws and not of tyrants. But the law must be just to be valid for an unjust law is no law at all. The organic laws of the United States are indeed just as they were designed to apply equally to the high born and low born and to be implemented in conformity with the principles of natural justice, concepts incorporated into the American founding. When ordinary laws adopted by legislatures fall short of the standards set by the organic laws, they must be struck down on the basis they’re unjust and incongruent with the constitutional order. How this process works, or is supposed to work, beginning with the Declaration and the Constitution, will be the subject of upcoming posts. So stay with us, we’re just getting started.
This summary was inspired by Journalist Paul B. Skousen’s great primer on these documents, The Constitution and The Declaration of Independence by The Founding Fathers & Paul B. Skousen.
Ibid.
Copyright © Kelley Keller, 2024
Kelley Keller is a professional writer, public speaker, and legal lecturer focusing on themes and issues at the intersection of law, society, and worldview and why they matter to everyday Americans. In addition to writing for third-party publications, Kelley publishes The Savvy Citizen, an online magazine with a supporting podcast chock full of insights on the rights and responsibilities of American citizenship and how those rights are secured by and protected under the U.S. Constitution and the government it creates.
Before her writing career, Kelley spent 27 years working on intellectual property, privacy, and Internet law matters in various professional capacities, including 8 years supporting international training programs on trade-related aspects of intellectual property and 15 years in the private practice of law. Kelley’s work took her to numerous countries, including China, Hong Kong, Malaysia, Turkey, Kenya, and South Africa, giving her significant breadth and depth of experience with complex matters having a global impact. Kelley recently presented a seminar on Lawfare in Great Power Competition at the Führungsakademie der Bundeswehr (German Army Staff College) in Hamburg, Germany.
Kelley holds a Bachelor of Arts from Penn State, a Juris Doctor from The Catholic University of America, and is a candidate for the Doctor of Ministry in Apologetics degree at Southern Evangelical Seminary. In September 2024, she will be commissioned as a Fellow with the Colson Center for Worldview.
Next Newsletter
Kelley Keller will share Part Two of her special series, Introduction to American Law, in my next newsletter. Please let your friends know about the series. It’s not often we get great legal advice for free!
Comments and Questions Welcome
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Newsletter Purpose
The purpose of this newsletter is to help people who work in the fields of journalism, media, and communications find ways to do their jobs that are personally fulfilling and helpful to others. I also want to help news consumers know how to find news sources they can trust.
Thank you for sharing, Mark! I hope the piece will be useful to your readers.