On Constitution Day, a day earmarked to honor the signing of the U.S. Constitution on September 17, 1787, Chief Justice Ann A. Scott Timmer reminded us that the power of such a historic document hinges on ongoing enforcement and societal respect. In a statement provided by the Arizona Supreme Court, Chief Justice Timmer underscored the Constitution's brevity and endurance, as it began operation on March 4, 1789, and emphasized that the government's purpose is to serve the people, not the other way around.
Reflecting on the power of individual rights enshrined within the Bill of Rights and the Constitution's ability to protect these against the will of the majority, Chief Justice Timmer acknowledged that while the intentions of the Constitution are sound, the effectiveness of those protections has not always been consistent, quoting “Does it work? No, not always." Timmer mentioned instances such as the failure of the Fifteenth Amendment to prevent discriminatory practices like poll taxes and literacy tests from inhibiting Black citizens' right to vote despite legislation such as the Voting Rights Act of 1965 which aimed to rectify these injustices.
Chief Justice Timmer noted that when the Constitution fails to safeguard rights, it is not the document at fault but rather the individuals it is meant to protect who are to blame. She stated that as fallible humans, we must continue to learn, evolve, and pursue the ideals of liberty, justice, and democracy that the Constitution promotes.
Bringing contemporary relevance to her message, the Chief Justice drew parallels to the recent erosion of rights under the Taliban's control in Afghanistan as a stark reminder of how swiftly constitutional protections can break down, saying, “Can you imagine? Did the Afghan Constitution fail these women? No. The people charged with enforcing the constitution failed these women," as she reflected on the severe limitations placed on Afghan women, including the barring from public life, imposition of strict dress codes, and prohibitions on education and public speaking.
In conclusion, Chief Justice Timmer insisted that the preservation and enforcement of constitutional guarantees is the responsibility of everyone. She advocated for an informed populace, committed leadership, and a judiciary dedicated to ensuring the Constitution remains a living framework that ensures the rule of law and protection of individual rights. She called on the public to honor the Constitution's legacy and reaffirm their commitment to its foundational values.
