On June 22, retired Judge J. Michael Luttig, a greatly revered Appeals Court Judge, delivered these remarks to the Election Integrity Summit of the Cleveland Municipal Bar Association and the Task Force for American Democracy in Cleveland, Ohio. Despite his conservative credentials, he has been one of the most critical voices raised against Trump since January 6, 2021. His resistance to tyranny makes you wonder why most other conservatives have not spoken out on behalf of the rule of law.
He said:
Thus it is that in less than two weeks, on July 4, 2026, we will celebrate the birth of the greatest nation on earth, the greatest experiment in self-government in the history of the world.
In 1787, after the Revolutionary War to secure our independence from the tyrannical King George III, “We the People of the United States . . . ordain[ed] and establish[ed] the Constitution of the United States in Order to form a more perfect Union.” The Constitution was ratified and adopted by the States and became the Great Charter for our self-government and the guarantor of our cherished rights and liberties on June 21, 1788.
On July 4, 1776, the American Colonists declared their independence from King George III and the British Crown, two hundred and fifty years ago almost to the day “bringing forth on this continent a new nation conceived in liberty and dedicated to the proposition that all men are created equal.”
For the 250 years since its Founding, America has been the envy of the world and the beacon of freedom and liberty because of the shining light of its Democracy, Constitution, and Rule by Law, not by men.
But as we all know, today America is not the same beacon of freedom or the same envy of the world that it has been for a quarter of a millennium.
Today, two hundred and fifty years later, we are again engaged in a great battle “testing whether this nation, or any nation so conceived and so dedicated, can long endure.”
Prophetically, these times in which we live on the 250th Anniversary of this nation’s Founding are — once again – the times that try men’s souls.
As we celebrate our Founding today, the question for “We the People” of America is whether we are willing to do the sacred work necessary to return our country to its deserved place as the beacon of freedom and envy of the world, whether we are willing to do the hard, but sacred, work necessary to ensure that America will long endure.
As we struggle to decide what we ourselves want for America and what we want our America to be – and not to be – the entire world is anxiously awaiting our answer, more anxiously awaiting our answer today than it awaited our answer a quarter of a millennium ago.
Two hundred and fifty years into the greatest experiment in self-government in human history, the time of America’s testing has finally come.
The Founders of this great nation feared these times in America.
In this 250th Anniversary year, America’s institutions of government and governance and its institutions of democracy and of law are under vicious, unsustainable, and unendurable attack – from within.
At this point, five and a half years since January 6, 2021, the 47th President of the United States has all but wrought the complete inversion of our nation’s positive law — the Constitution and laws of the United States – our moral law that has been passed down to us through the ages, and even our biblical law as found in both the Old and New Testaments of the Bible, including The Ten Commandments.
But where, say some, is the King of America? I’ll tell you, friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Great Britain . . . Let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king.
For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.
But lest any ill use should afterwards arise, let the Crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is.
Thomas Paine, Common Sense (1776).
Speaking in a time of similar moral and legal upheaval in America nearly two centuries ago, a 29-year-old state legislator, who would later become the 16th President of the United States, urged a revival to the Constitution and the Rule of Law, a renewed reverence for that Great Charter for our governance and guarantor of our liberty and our freedoms.
“Let reverence for the laws,” the young Abraham Lincoln implored, “be breathed by every American mother to the lisping babe that prattles on her lap — let it be taught in schools, in seminaries, and in colleges; let it be written in Primers, spelling books, and in Almanacs; — let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. . . .”
“[I]n short,” Lincoln sermonized with the reverence he urged, let the Constitution and the Rule of Law “become the political religion of the nation.”
Today, America is in desperate need of such a revival to our Constitution and Rule of Law as our 16th President urged upon the nation in 1838 – a reawakening and quickening to the reverential imperatives of the Constitution from which we have strayed so very far.
Winston Churchill said that “Courage is rightly esteemed the first of human qualities, because . . . courage is the quality which guarantees all others.”
We Americans must summon the courage that has eluded us in our all-consuming fear over the past decade of years. We must summon from deep within the courage that was once our Founders’ courage when, “with a firm reliance on the protection of divine Providence, they mutually pledged to each other their Lives, their Fortunes and their sacred Honor” to secure their — and our — liberty and freedom.
With the united support of a hopeful world, we Americans must overcome our fear. We must find our voices again.
We must finally – finally – rise to our feet, raise our voices, and speak out against what we are witnessing in America today.
After all, ours is a nation founded upon dissent and protest.
America’s protest against the British Empire 250 years ago is the single greatest protest in all of history – a revolutionary protest and dissent from the tyranny and oppression of King George III.
Until now, we Americans have never hesitated to support, defend, and protect our cherished liberties, our freedoms, and our fundamental constitutional rights from governmental tyranny, whether it be from abroad or from at home.
Why are we hesitating now? Why are we silent now, at the very time of America’s testing, on this 250th Anniversary of America’s birth? Why have we Americans chosen to remain silent or why have we allowed ourselves to be silenced and betray, in this fateful year of years?
Why have we suddenly lost our voices, two and a half centuries since we were gloriously given our voices by the Constitution of the United States?
I will tell you. We have lost our voices because of fear. Fear of ridicule, fear of political reprisal. Fear of political persecution. Fear of personal persecution. Even fear of prosecution. In far too many cases, fear for our lives and livelihoods.
Fear of the known and fear of the unknown, the unknown as to when this all ends and how.
We can be forgiven for our fear, but we will never be forgiven for our cowardice in the face of our fear.
The Founders of this great country did not cower in their fear, and unlike us, they had reason to fear. When the men who founded the greatest nation on earth first came face to face with fear, “they mutually pledged to each other their Lives, their Fortunes and their sacred Honor.” They stared down their fear and defeated fear itself.
There is no excuse or defense for the cowardice that is inflicting America today, especially the cowardice that has consumed our political leaders. Nor is there forgiveness awaiting those who have cowered or been cowered, least of all those we have elected to represent us and our country.
Dr. Martin Luther King, Jr., hauntingly warned that “In the End, we will remember not the words of our enemies, but the silence of our friends.”
We should pray that we will not be remembered for our cowardice and our cowered silence in these times when America needed us most.
If we are to be victorious over the evil that is warring for the heart and soul of America today, it is going to take the courage of the armies of God and the moral clarity of the collective voices of “We the People.” It is we who “ordained and established” this Constitution” “in Order to form a more perfect Union, establish Justice, insure domestic Tranquility . . . and secure the Blessings of Liberty to ourselves and our Posterity.” Ours is the righteous war, not theirs.
America is calling and we must answer.
If we answer and but find the courage to speak our powerful truth to our government’s powerless untruth now — today, not tomorrow — as did the Founders and our ancestors when their time of testing came, the United States of America will soon again be the envy of the world and it will endure forever as the beacon of freedom and liberty to the world.
Once we have finished the righteous and noble task at hand, we must then finish the great task that yet lies ahead of us 250 years since our Founding.
But “[t]he dogmas of the quiet past, are inadequate to the stormy present. . . . As our case is new, so we must think anew, and act anew,” as Abraham Lincoln exhorted the nation in 1862.
So then, this must it be in this 250th Anniversary year. We Americans must think anew and act anew. We must re-found America again. We must reacquaint ourselves with the truths that we once believed were self-evident – and still are. We must reawaken ourselves to the ideals, the beliefs, the principles, the values, and the truths upon which America was founded and has flourished for two and a half centuries – and reexamine these foundational truths, beliefs, and principles, if need be.
We must build anew the hopes and the dreams upon which this country was founded, the hopes and dreams that have inspired us and bound us together into the more perfect union that “We the People” ordained and established, the hopes and dreams that have made America the greatest nation on earth.
We must “turn this government back into the channel in which the framers of the Constitution originally placed it,” as Abraham Lincoln once urged.
We must shore up and reinforce the bulwark of our faltering democracy and Rule of Law and refortify the institutions of our law and democracy. “Preserving virtuous institutions is its own noble purpose,” David French put it so well.
And as we refortify and restrengthen our sacred institutions of law and democracy, we need to inspire among our citizenry a reverential revival to the Constitution and to the Rule of Law. Above all else, America is “[a] government of laws, and not of men.” We are desperately in need of a revival, a revival that will renew and revitalize the flagging faith of the American People in our Constitution and Rule of Law, the organic law of our ordered liberty.
We have no other choice than to pass the test laid down for us by our ancestors, to ensure that this “nation so conceived in Liberty and dedicated to the proposition that all men are created equal will long endure.”
And when this storm has passed, we must promise ourselves and the generations that follow that we will never again take our Democracy and our Constitution for granted. We must learn from these tumultuous times – never to forget – that our Democracy and Rule of Law are fragile and can be wrested from us in an instant, even by those among us, if we are not ever-vigilant.
Almost two centuries ago, that same young man of mere twenty-nine years who would one day become President of the United States foretold of the “danger” “from within” that is preying on America today. Listen to Abraham Lincoln’s prescient and ominous warning.
We toiled not in the acquirement or establishment of them–they are a legacy bequeathed us, by a once hardy, brave, and patriotic, but now lamented and departed race of ancestors. Their’s was the task (and nobly they performed it) to possess themselves, and through themselves, us, of this goodly land; and to uprear upon its hills and its valleys, a political edifice of liberty and equal rights; ‘tis ours only, to transmit these . . . to the latest generation that fate shall permit the world to know.
At what point shall we expect the approach of danger? Shall we expect some transatlantic military giant, to step the Ocean, and crush us at a blow? Never! . . .
At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time or die by suicide.
I hope I am over wary; but if I am not, there is, even now, something of ill-omen, amongst us. I mean the increasing disregard for law which pervades the country; the growing disposition to substitute the wild and furious passions, in lieu of the sober judgment of Courts; and the worse than savage mobs, for the executive ministers of justice.[6]
What, then, must we Americans do today, if we are to bequeath this “political edifice of liberty and equal rights” to our descendants, this legacy that was bequeathed to us by “our once hardy, brave, and patriotic, race of ancestors”?
I will tell you. We must “dedicate ourselves to the great task that yet remains before us” 250 years later. “[‘T]is ours only, to transmit this ‘goodly land’ and this ‘political edifice of liberty’ . . . to the latest generation that fate shall permit the world to know.”
We in the profession of law belong to one of the most honorable and honored, the most noble and nobilified, and the most venerable and venerated of professions.
Of our Founding Fathers, 35 of the 55 delegates to the Constitutional Convention in 1787 were lawyers or had legal training. Of the Framers of our Constitution, 32 of the 55 were lawyers. Of the “Committee of Five” tasked by the Continental Congress with writing the Declaration of Independence, 4 were lawyers.
We in the legal profession are the guardians and stewards of the Constitution and the Rule of Law, the foundations of our democratic nation and the guarantors of our liberty.
We lawyers take an oath to support and defend the Constitution of the United States.
We are uniquely qualified, positioned, and obligated to defend our Constitution, our Rule of Law, and our democracy – and we must do so today, tomorrow, and the next day, until the present existential threat is no longer.
Thereafter, at long last finally understanding their fragility, we must forever protect and preserve the Constitution and America’s Democracy, as we are obligated by oath to do.
If this sounds as if the lawyer holds a special place in the constitutional order that is our democracy and that we are weighted by an almost-sacred responsibility, it is because we do, and we are.
We have a high appointment, and we have a high charge.
There comes a time in every single one of our lives – whether that life be private or public – when we are summoned to attest to our beliefs and convictions, when we are summoned to stand, bear witness, and affirm what we believe and what we do not believe.
This moment of truth and decision is our moment of calling. And the decision that we must make in that moment always comes at personal cost.
When our call comes, if we answer with the courage of our convictions, we are heroes, whether we be heroes just to ourselves, to our families, our friends, our loved ones, our communities – or heroes to our country.
We call those in public life and in public service heroes who, when summoned, stand, affirm, and act to preserve and protect all that we cherish and hold dear in America.
We honor these men and women as heroes because when their time comes and they are summoned, they rise, they speak, and they act – without having to decide whether to do so. For them, there is no decision to be made, for they made their decision long before.
When their time comes, these heroes stare down fear, often profound fear – already knowing what they must do and what their sacrifice might be.
We bear witness to, and we affirm, the heroism of these heroes in order that heroism will be forever encouraged in a world in which there are vanishingly few with the strength, the will, and the courage to speak and act when they are called upon — that is, in a world where there are fewer and fewer heroes.
Members of the noble profession of law, our moment of calling has come.
We here today are being summoned, as are all Americans – to stand, bear witness, and affirm that we believe in America, that we believe in our Constitution and our Rule of Law, and that we believe in our Democracy.
You, and we, as members of the venerated profession of law are being summoned to stand, bear witness, and affirm again that we will honor the oath we took to preserve, protect, and defend the Constitution of the United States.
We must challenge and entreat each other today to commit and re-commit ourselves to the Constitution and to the Rule of Law, to pledge ourselves to these and to their protection and preservation.
We must vow today that it will be the Rule of Law that triumphs over politics and not politics that triumphs over the Rule of Law.
If we succeed in this, our sacred obligation to our country, we will have risen to what is our high calling to ensure that America long endures as a nation of laws, not of men. We will be heroes for the Constitution and the Rule of Law in America…
Friends, our task is righteous and our task is noble. Our struggle is not only for today, but also for our vast future, Abraham Lincoln reminded us. And the hour is late.
Godspeed America.
