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In 1829, approaching the end of his life, James Madison penned these powerful words in retrospect and in awe of what he helped create: "The happy Union of these States is a wonder; their Constitution a miracle; their example the hope of liberty throughout the world."
On Sept. 17, 1787, Madison, commonly regarded as the Father of the U.S. Constitution, along with 38 other delegates to the constitutional convention, signed their names to the most important and influential document in American history.
Each year, on Sept. 17, we Americans are asked to take time from our busy lives to celebrate our Constitution. This year, the document is 233 years old. In that vast time span, it has been amended only 27 times - helping to illustrate why our government is the most stable of all democratized nations in the world.
The framers intentionally made the requirements for change difficult. Any proposed amendment must be approved by two-thirds of the House of Representatives; two-thirds of the Senate; and three-fourths of the state legislatures. It usually takes years, not months, to change the Constitution.
The two principles on which the constitutional articles are based - separation of powers and federalism - are just as important today as they were during the infancy of our great country.
Separation of powers reminds us that there are three branches of government: legislative, executive, and judicial. Neither branch is supposed to be more powerful than the other two.
Nancy Pelosi. Donald Trump. John Roberts. Constitutionally, they are equal. Federalism calls on us to remember that our national government must share and divide power with the 50 states. Unlike many other nations in the world, state and local governments in America have legitimate and recognized authority to govern.
Besides being a document that separates power into equal branches and divides power between the national seat and its member states, the Constitution is also a declaration of a set of rights and liberties that citizens have. When the government attempts to exercise authority over its citizens, these rights and liberties often form the basis of some sort of litigation, whether that be in federal court or state court.
Thanks to Madison's many essays and speeches on the need for a Bill of Rights, the first 10 amendments were ratified in 1791. Of these, the Fourth, Fifth, Sixth and Eighth amendments are implicated every time a person enters the criminal justice system.
Each day, I am honored to lead a team of 15 public defenders who serve courthouses in Carlton, Hibbing, and Virginia within the Sixth Judicial District. These constitutional criminal procedure amendments are to us what hammer and nails are to a carpenter, or what a scalpel is to a surgeon. We serve as guardians of those rights and liberties when government exercises its authority by incarcerating, charging, trying, and sentencing people for criminal behavior.
Along with our colleagues who serve the other district courthouses in Duluth, Grand Marais, and Two Harbors, we strive to ensure that government wields its scepter fairly. Vigorous application of the criminal procedure amendments reduces the inequity and imbalance of power between the government and the governed.
Ultimately, the goal is to produce a better and fairer criminal justice system - from initial point of contact with law enforcement to final point of contact with the sentencing judge.
I do not intend to minimize or dismiss the importance of keeping our communities safe.
Law enforcement, prosecutors, and judges have difficult jobs. I see it on a daily basis; however, so do we. I am reminded of a quote from former Attorney General Eric Holder, who served under President Obama, that is highly instructive and relevant, given what has happened across our country in the last year: "We must continue to come together - across aisles that divide counsel tables and political parties - to ensure that America has a criminal justice system that is worthy of its highest ideals."
So, in conclusion, on this 233rd anniversary of our Constitution, let us take time from our day to honor, respect and revere it. And finally, let us not forget that because of the work of public defenders, using the Constitution as the tool of our trade, the imbalance of power between the government and the governed is reduced. And we all benefit from that.
Mark Muhich is the managing attorney for Northern St. Louis and Carlton counties, Sixth Judicial District Public Defender Office in Hibbing; and a former criminal justice and political science instructor at Mesabi Range College.