Presidential Speeches George W. Bush: Address to Congress, September 20, 2001 O n SEPTEMBER 11, 2001, two hijacked aircraft crashed into the World Trade Center in New York City, destroying the complex. Another plane hit the Pentagon, headquarters for the U.S. military, outside Washington, D.C. A fourth plane, also believed to be heading for Washington, D.C., crashed in rural Pennsylvania when passengers attempted to retake control from the hijackers. Almost 3,000 people were killed in the attacks. Within hours of the attacks, th e U.S. govern- ment had blamed them on terrorists. Speculation centered around the al Qaeda organization and its leader Osama bin Laden. Bin Laden was believed to be operating out of Afghanistan, a nation controlled by the Taliban, a radical Islamic group sympathetic with bin Laden’s ideals. President GEORGE W. BUSH and other administration figures were soon on television and radio telling the nation not to fear and warning the world that the United States would respond to the attacks with determination and vigor. On September 20th, President Bush spoke before a joint session of Congress in the U.S. Capitol. His speech served many purposes. It honored those who had died in the attacks, and those who were struggling to deal with the aftermath. Bush also sought to reassure Amer- icans that they were safe and that steps were being taken to prevent future attacks. The central message of the speech, however, was that the United States remained strong and unafraid, and that it intended to eliminate terrorist threats through a WAR ON TERROR. President Bush identified al Qaeda as being behind the September 11th attacks and warned the Taliban in Afghanistan that if they failed to cooperate in stopping al Qaeda they would be viewed as collaborators. President Bush went on to make it clear to the American people and the world that a protracted struggle against not just al Qaeda, but world terrorism as a whole, was underway. President Bush’s speech helped honor the fallen and reassure the living, but it did not convince the Taliban to give in to his demands. On October 7, 2001, the United States and its allies began a military campaign against the Taliban and terrorists in Afghanistan. It was eventually successful in driving the Taliban out of power and destroying much of the terrorist’s infrastructure in that country. Mr. Speaker, Mr. President Pro Tempore, members of Congress, and fellow Americans: In the normal course of events, Presidents come to this chamber to report on the state of the Union. Tonight, no such report is needed. It has already been delivered by the American people. We have seen it in the courage of passen- gers, who rushed terrorists to save others on the ground—passengers like an exceptional man named Todd Beamer. And would you please help me to welcome his wife, Lisa Beamer, here tonight. We have seen the state of our Union in the endurance of rescuers, working past exhaustion. We have seen the unfurling of flags, the lighting of candles, the giving of blood, the saying of prayers—in English, Hebrew, and Arabic. We have seen the decency of a loving and giving 516 REFLECTIONS ON LAW AND SOCIETY people who have made the grief of strangers their own. My fellow citizens, for the last nine days , the entire world has seen for itself the state of our Union—and it is strong. Tonight we are a country awakened to danger and called to defend freedom. Our grief has turned to anger, and anger to resolution. Whether we bring our enemies to justice, or bring justice to our enemies, justice will be done. I thank the Congress for its leadership at such an important time. All of America was touched on the evening of the tragedy to see Republicans and Democrats joined together on the steps of this Capitol, singing "God Bless America." And you did more than sing; you acted, by delivering $40 billion to rebuild our communities and meet the needs of our military. Speaker Hastert, Minority Leader Gephardt, Majority Leader Daschle and Senator Lott, I thank you for your friendship, for your leadership and for your service to our country. And on behalf of the American people, I thank the world for its outpouring of support. America will never forget the sounds of our National Anthem playing at Buckingham Pal- ace, on the streets of Paris, and at Berlin’s Brandenburg Gate. We will not forget South Korean children gathering to pray outside our embassy in Seoul, or the prayers of sympathy offered at a mosque in Cairo. We w ill not forget moments of silence and days of mourning in Australia and Africa and Latin America. Nor will we forget the citizens of 80 other nations who died with our own: dozens of Pakistanis; more than 130 Israelis; more than 250 citizens of India; men and women from El Salvador, Iran, Mexico and Japan; and hundreds of British citizens. America has no truer friend than Great Britain. Once again, we are joined together in a great cause—so honored the British Prime Minister has crossed an ocean to show his unity of purpose with America. Thank you for coming, friend. On September the 11th, enemies of freedom committed an act of war against our country. Americans have known wars—but for the past 136 years, they have been wars on foreign soil, except for one Sunday in 1941. Americans have known the casualties of war—but not at the center of a great city on a peaceful morning. Americans have known surprise attacks—but never before on thousands of civilians. All of this was brought upon us in a single day—and night fell on a different world, a world where freedom itself is under attack. Americans have many questions tonight. Americans are asking: Who attacked our country? The evidence we have gathered all points to a collection of loosely affiliated terrorist organiza- tions known as al Qaeda. They are the same murderers indicted for bombing American embassies in Tanzania and Kenya, and responsi- ble for bombing the USS Cole. Al Qaeda is to terror what the mafia is to crime. But its goal is not making money; its goal is remaking the world—and imposing its radical beliefs on people everywhere. The terrorists practice a fringe form of Islamic extremism that has been rejected by Muslim scholars and the vast majority of Muslim clerics—a fringe movement that perverts the peaceful teachings of Islam. The terrorists' directive commands them to kill Christians and Jews, to kill all Americans, and make no distinction among military and civilians, includ- ing women and children. This group and its leader—a person named Osama bin Laden—are linked to many other organizations in different countries, including the Egyptian Islamic Jihad and the Islamic Movement of Uzbekistan. There are thousands of these terrorists in more than 60 countries. They are recruited from their own nations and neighborhoods and brought to camps in places like Afghanistan, where they are trained in the tactics of terror. They are sent back to their homes or sent to hide in countries around the world to plot evil and destruction. The leadership of al Qaeda has great influence in Afghanistan and supports the Taliban regime in controlling most of that country. In Afghani- stan, we see al Qaeda’s vision for the world. Afghanistan’s people have been brutalized— many are starving and many have fled. Women are not allowed to attend school. You can be jailed for owning a television. Religion can be practiced only as their leaders dictate. A man can be jailed in Afghani stan if his beard is not long enough. The United States respects the people of Afghanistan—afterall,wearecurrentlyitslargest source of humanitarian aid—but we condemn GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS REFLECTIONS ON LAW AND SOCIETY 517 PRESIDENTIAL SPEECHES GEORGE W. BUSH: ADDRESS TO CONGRESS, SEPTEMBER 20, 2001 the Taliban regime. It is not only repressing its own people, it is threatening people everywhere by sponsoring and sheltering and supplying terrorists. By aiding and abetting murder, the Taliban regime is committing murder. And tonight, the United States of America makes the following demands on the Taliban: Deliver to United States authorities all the leaders of al Qaeda who hide in your land. Release all foreign nationals, including Ameri- can citizens, you have unjustly imprisoned. Protect foreign journalists, diplomats and aid workers in your country. Close immediately and permanently every terrorist training camp in Afghanistan, and hand over every terrorist, and every person in their support structure, to appropriate authorities. Give the United States full access to terrorist training camps, so we can make sure they are no longer operating. These demands are not open to negotiation or discussion. The Taliban must act, and act immediately. They will hand over the terrorists, or they will share in their fate. I also want to speak tonight directly to Muslims throughout the world. We respect your faith. It’s practiced freely by many millions of Americans, and by millions more in countries that America counts as friends. Its teachings are good and peaceful, and those who commit evil in the name of Allah blaspheme the name of Allah. The terrorists are traitors to their own faith, trying, in effect, to hijack Islam itself. The enemy of America is not our many Muslim friends; it is not our many Arab friends. Our enemy is a radical network of terrorists, and every government that supports them. Our war on terror begins with al Qaeda, but it does not end there. It will not end until every terrorist group of global reach has been found, stopped and defeated. Americans are asking, why do they hate us? They hate what we see right here in this chamber—a democratically elected govern- ment. Their leaders are self-appointed. They hate our freedoms—our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other. They want to overthrow exist ing govern- ments in many Muslim countries, such as Egypt, Saudi Arabia, and Jordan. They want to drive Israel out of the Middle East. They want to drive Christians and Jews out of vast regions of Asia and Africa. These terrorists kill not merely to end lives, but to disrupt and end a way of life. With every atrocity, they hope that America grows fearful, retreating from the world and forsaking our friends. They stand against us, because we stand in their way. We are not deceived by their pretenses to piety. We have seen their kind before. They are the heirs of all the murderous ideologies of the 20th century. By sacrificing human life to serve their radical visions—by abandoning every value except the will to power —they follow in the path of fascism, and Nazism, and totalitari- anism. And they will follow that path all the way, to where it ends: in history’s unmarked grave of discarded lies. Americans are asking: How will we fight and win this war? We will direct every resource at our command—every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence, and every necessary weapon of war—to the disrup- tion and to the defeat of the global terror network. This war will not be like the war against Iraq a decade ago, with a decisive liberation of territory and a swift conclusion. It will not look like the air war above Kosovo two years ago, where no ground troops were used and not a single American was lost in combat. Our response involves far more than instant retaliation and isolated strikes. Americans should not expect one battle, but a lengthy campaign, unlike any other we have ever seen. It may include dramatic strikes, visible on TV, and covert operations, secret even in success. We will starve terrorists of funding, turn them one against another, drive them from place to place, until there is no refuge or no rest. And we will pursue nations that provide aid or safe haven to terrorism. Every nation , in every region, now has a decision to make. Either you are with us, or you are with the terrorists. From this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime. Our nation has been put on notice: We are not immune from attack. We will take defensive measures against terrorism to protect Amer- icans. Today, dozens of federal departments and agencies, as well as state and local govern ments, have responsibilities affecting homeland secu- rity. These efforts must be coordinated at the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 518 REFLECTIONS ON LAW AND SOCIETY PRIMARY DOCUMENTS PRESIDENTIAL SPEECHES GEORGE W. BUSH: ADDRESS TO CONGRESS, SEPTEMBER 20, 2001 highest level. So tonight I announce the creation of a Cabinet-level position reporting directly to me—the Office of Homeland Security. And tonight I also announce a distinguished American to lead this effort, to strengthen American security: a military veteran, an effective governor, a true patriot, a trusted friend— Pennsylvania’s Tom Ridge. He will lead, oversee and coordinate a comprehensive national strategy to safeguard our country against terrorism, and respond to any attacks that may come. These measures are essential. But the only way to defeat terrorism as a threat to our way of life is to stop it, eliminate it, and destroy it where it grows. Many will be involved in this effort, from FBI agents to intelligence operatives to the reservists we have called to active duty. All deserve our thanks, and all have our prayers. And tonight, a few miles from the damaged Pentagon, I have a message for our military: Be ready. I've called the Armed Forces to alert, and there is a reason. The hour is coming when America will act, and you will make us proud. This is not, however, just America’s fight. And what is at stake is not just America’s freedom. This is the world ’s fight. This is civilization’s fight. This is the fight of all who believe in progress and pluralism, tolerance and freedom. We ask every nation to join us. We will ask, and we will need, the help of police forces, intelligence services, and banking systems around the world. The United States is grateful that many nations and many international organizations have already responded—with sympathy and with support. Nations from Latin America, to Asia, to Africa, to Europe, to the Islamic world. Perhaps the NATO Charter reflects best the attitude of the world: An attack on one is an attack on all. The civilized world is rallying to America’s side. They understand that if this terror goes unpunished, their own cities, their own citizens may be next. Terror, unanswered, can not only bring down buildings, it can threaten the stability of legitimate governments. And you know what—we're not going to allow it. Americans are asking: What is expected of us? I ask you to live your lives, and hug your children. I know many citizens have fears tonight, and I ask you to be calm and resolute, even in the face of a continuing threat. I ask you to uphold the values of America, and remember why so many have come here. We are in a fight for our principles, and our first responsibility is to live by them. No one should be singled out for unfair treatment or unkind words because of their ethnic background or religious faith. I ask you to continue to support the victims of this tragedy with your contributions. Those who want to give can go to a central source of information, <libertyunites.org>, to find the names of groups providing direct help in New York, Pennsylvania, and Virginia. The thousands of FBI agents who are now at work in this investigation may need your cooperation, and I ask you to give it. I ask for your patience, with the delays and inconveniences that may accompany tighter security; and for your patience i n what will be a long struggle. I ask your continued participation and confidence in the American economy. Terrorists attacked a symbol of American prosperity. They did not touch its source. America is successful because of the hard work, and creativity, and enterprise of our people. These were the true strengths of our economy before September 11th, and they are our strengths today. And, finally, please continue praying for the victims of terror and their families, for those in uniform, and for our great country. Prayer has comforted us in sorrow, and will help strengthen us for the journey ahead. Tonight I thank my fellow Americans for what you have already done and for what you will do. And ladies and gentlemen of the Congress, I thank you, their representatives, for what you have already done and for what we will do together. Tonight, we face new and sudden national challenges. We will come together to improve air safety, to dramatically expand the number of air marshals on domestic flights, and take new measures to prevent hijacking. We will come together to promote stability and keep our airlines flying, with direct assistance during this emergency. We will come together to give law enforce- ment the additional tools it needs to track down terror here at home. We will come together to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS REFLECTIONS ON LAW AND SOCIETY 519 PRESIDENTIAL SPEECHES GEORGE W. BUSH: ADDRESS TO CONGRESS, SEPTEMBER 20, 2001 strengthen our intelligence capabilities to know the plans of terrorists before they act, and find them before they strike. We will come together to take active steps that strengthen America’s economy, and put our people back to work. Tonight we welcome two leaders who embody the extraordinary spirit of all New Yorkers: Governor George Pataki, and Mayor Rudolph Giuliani. As a symbol of America’s resolve, my administration will work with Congress, and these two leaders, to show the world that we will rebuild New York City. After all that has just passed—all the lives taken, and all the possibilities and hopes that died with them—it is natural to wonder if America’s future is one of fear. Some speak of an age of terror. I know there are struggles ahead, and dangers to face. But this country will define our times, not be defined by them. As long as the United States of America is determined and strong, this will not be an age of terror; this will be an age of liberty, here and across the world. Great harm has been done to us. We have suffered great loss. And in our grief and anger we have found our mission and our moment. Freedom and fear are at war. The advance of human freedom—the great achievement of our time, and the great hope of every time—now depends on us. Our nation—this generation— will lift a dark threat of violence from our people and our future. We will rally the world to this cause by our efforts, by our courage. We will not tire, we will not falter, and we will not fail. It is my hope that in the months and years ahead, life will return almost to normal. We’ll go back to our lives and routines, and that is good. Even grief recedes with time and grace. But our resolve must not pass. Each of us will remember what happened that day, and to whom it happened. We'll remember the mo- ment the news came—where we were and what we were doing. Some w ill remember an image of a fire, or a story of rescue. Some will carry memories of a face and a voice gone forever. And I will carry this: It is the police shield of a man named George Howard, who died at the World Trade Center trying to save others. It was given to me by his mom, Arlene, as a proud memorial to her son. This is my reminder of lives that ended, and a task that does not end. I will not forget this wound to our country or those who inflicted it. I will not yield; I will not rest; I will not relent in waging this struggle for freedom and security for the American people. The course of this conflict is not known, yet its outcome is certain. Freedom and fear, justice and cruelty, have always been at war, and we know that God is not neutral between them. Fellow citizens, we'll meet violence with patient justice—assured of the rightness of our cause, and confident of the victories to come. In all that lies before us, may God grant us wisdom, and may He watch over the United States of America. Thank you. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 520 REFLECTIONS ON LAW AND SOCIETY PRIMARY DOCUMENTS PRESIDENTIAL SPEECHES GEORGE W. BUSH: ADDRESS TO CONGRESS, SEPTEMBER 20, 2001 Presidential Speeches Barack H. Obama: Inaugural Address B arack Obama made history in 2008 when he became the first African-American to win the presidential election. Both Obama and Republican candidate John McCain sought to distance themselves from the policies of Presi- dent George W. Bush. As the campaign heated up in the fall of 2008, the U.S. economy continued to spiral downward. Obama s plans to address the economic crisis helped to improve his popularity and led in part to his election. In his inaugural address on January 20, 2009, Obama addressed not only the economy but also the ongoing war on terrorism, the need for health care reform, and other issues. He said, “We are in the midst of a crisis. Our nation is at war. Our economy is badly weakened. Our health care is too costly. Our schools fail too many. The ways we use energy strengthen our adversaries and threaten our planet.” More than a million people gathered at the National Mall in Wa shington, D.C. to hear Obama s address. Chief Justice John Roberts gave the oath of office, marking the first time that Roberts had served in this capacity since becoming Chief Justice in 2005. k Barack Obama: Inaugural Address My fellow citizens: I stand here today humbled by the task before us, grateful for the trust you’ve bestowed, mindful of the sacrifices borne by our ancestors. I thank President Bush for his service to our nation as well as the generosity and cooperation he has shown throughout this transition. Forty-four Americans have now taken the presidential oath. The words have been spoken during rising tides of prosperity and the still waters of peace. Yet, every so often, the oath is taken amidst gathering clouds and raging storms. At these moments, America has carried on not simply because of the skill or vision of those in high office, but because we, the people, have remained faithful to the ideals of our forebears and true to our founding documents. So it has been; so it must be with this generation of Americans. That we are in the midst of crisis is now well understood. Our nation is at war against a far-reaching network of violence and hatred. Our economy is badly weakened, a consequence of greed and irre- sponsibility on the part of some, but also our collective failure to make hard choices and prepare the nation for a new age. Homes have been lost, jobs shed, businesses shuttered. Our health care is too costly, our schools fail too many – and each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet. These are the indicators of crisis, subject to data and statistics. Less measurable, but no less profound, is a sapping of confidence across our land; a nagging fear that America’s decline is inevitable, that the next generation must lower its sights. Today I say to you that the challenges we face are real. They are serious and they are 521 REFLECTIONS ON LAW AND SOCIETY many. They will not be met easily or in a short span of time. But know this America: They will be met. On this day, we gather because we have chosen hope over fear, unity of purpose over conflict and discord. On this day, we come to proclaim an end to the petty grievances and false promises, the recriminations and worn-out dogmas that for far too long have strangled our politics. We remain a young nation. But in the words of Scripture, the time has co me to set aside childish things. The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea passed on from generation to generation: the God-given promise that all are equal, all are free, and all deserve a chance to pursue their full measure of happiness. In reaffirming the greatness of our nation we understand that greatness is never a given. It must be earne d. Our journey has never been one of short-cuts or settling for less. It has not been the path for the faint-hearted, for those that prefer leisure over work, or seek only the pleasures of riches and fame. Rather, it has been the risk-takers, the doers, the makers of things—some celebrated, but more often men and women obscure in their labor—who have carried us up the long rugged path towards prosperity and freedom. For us, they packed up their few worldly possessions and traveled across oceans in search of a new life. For us, they toiled in sweatshops, and settled the West, endured the lash of the whip, and plowed the hard earth. For us, they fought and died in places like Concord and Gettysburg, Normandy and Khe Sahn. Time and again these men and women struggled and sacrificed and worked till their hands were raw so that we might live a better life. They saw America as bigger than the sum of our individual ambitions, greater than all the differences of birth or wealth or faction. This is the journey we continue today. We remain the most prosperous, powerful nation on Earth. Our workers are no less productive than when this crisis began. Our minds are no less inventive, our goods and services no less needed than they were last week, or last month, or last year. Our capacity remains undiminished. But our time of standing pat, of protecting narrow interests and putting off unpleasant decisions— that time has surely passed. Starting today, we must pick ourselves up, dust ourselves off, and begin again the work of remaking America. For everywhere we look, there is work to be done. The state of our economy calls for action, bold and swift. And we will act, not only to create new jobs, but to lay a new foundation for growth. We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together. We'll restore science to its rightful place, and wield technol- ogy’s wonders to raise health care’s quality and lower its cost. We will harness the sun and the winds and the soil to fuel our cars and run our factories. And we will transform our schools and colleges and universities to meet the demands of a new age. All this we can do. All this we will do. Now, there are some who question the scale of our ambitions, who suggest that our system cannot tolerate too many big plans. Their memories are short, for they have forgotten what this country has already done, what free men and women can achieve when imagination is joined to common purpose, and necessity to courage. What the cynics fail to understand is that the ground has shifted beneath them, that the stale political arguments that have con- sumed us for so long no longer apply. The question we ask today is not whether our government is too big or too small, but whether it works—whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified. Where the answer is yes, we intend to move forward. Where the answer is no, programs will end. And those of us who manage the public’s dollars will be held to account, to spend wisely, reform bad habits, and do our business in the light of day, because only then can we restore the vital trust between a people and their government. Nor is the question before us whether the market is a force for good or ill. Its power to generate wealth and expand freedom is un- matched. But this crisis has reminded us that without a watchful eye, the market can spin out of control. The nation cannot prosper long when it favors only the prosperous. The success of our economy has always depended not just on the size of our gross domestic product, but on the reach of our prosperity, on the ability to extend opportunity to every willing heart—not out of charity, but because it is the sure st route to our common good. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 522 REFLECTIONS ON LAW AND SOCIETY PRIMARY DOCUMENTS PRESIDENTIAL SPEECHES BARACK H. OBAMA: INAUGURAL ADDRESS As for our common defense, we reject as false the choice between our safety and our ideals. Our Founding Fathers faced with perils that we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man—a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience sake. And so, to all the other peoples and govern- ments who are watching today, from the grandest capitals to the small village where my father was born, know that America isa friend of each nation, and every man, woman and child who seeks a future of peace and dignity. And we are ready to lead once more. Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with the sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint. We are the keepers of this legacy. Guided by these principles once more we can meet those new threats that demand even greater effort, even greater cooperation and understanding between nations. We will begin to responsibly leave Iraq to its people and forge a hard-earned peace in Afghanistan. With old friends and former foes, we'll work tirelessly to lessen the nuclear threat, and roll back the specter of a warming planet. We will not apologize for our way of life, nor will we waver in its defense. And for those who seek to advance their aims by inducing terror and slaughtering innocents, we say to you now that our spirit is stronger and cannot be broken—you cannot outlast us, and we will defeat you. For we know that our patchwork heritage is a strength, not a weakness. We are a nation of Christians and Muslims, Jews and Hindus, and non-believers. We are shaped by every language and culture, drawn from every end of this Earth; and because we have tasted the bitter swill of civil war and segregation, and emerged from that dark chapter stronger and more united, we cannot help but believe that the old hatreds shall someday pass; that the lines of tribe shall soon dissolve; that as the world grows smaller, our common humanity shall reveal itself; and that America must play its role in ushering in a new era of peace. To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict, or blame their society’s ills on the West, know that your pe ople will judge you on what you can build, not what you destroy. To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history, but that we will extend a hand if you are willing to unclench your fist. To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flo w; to nourish starved bodies and feed hungry minds. And to those nations like ours that enjoy relativ e plenty, we say we can no longer afford indifference to the suffering outside our borders, nor can we consume the world’s resources without regard to effect. For the world has changed, and we must change with it. As we consider the role that unfolds before us, we remember with humble gratitude those brave Americans who at this very hour patrol far-off deserts and distant mountains. They have something to tell us, just as the fallen heroes who lie in Arlington whisper through the ages. We honor them not only because they are the guardians of our liberty, but because they embody the spirit of service—a willingness to find meaning in something greater than themselves. And yet at this moment, a moment that will define a generation, it is precisely this spirit that must inhabit us all. For as much as government can do, and must do, it is ultimately the faith and determination of the American people upon which this nation relies. It is the kindness to take in a stranger when the levees break, the selflessness of workers who would rather cut their hours than see a friend lose their job which sees us through our darkest hours. It is the firefighter’s courage to storm a stairway filled with smoke, but also a parent’swillingnessto nurture a child that finally decides our fate. Our challenges may be new. The instruments with which we meet them may be new. But those values upon which our success depends— honesty and hard work, courage and fair play, tolerance and curiosity, loyalty and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS REFLECTIONS ON LAW AND SOCIETY 523 PRESIDENTIAL SPEECHES BARACK H. OBAMA: INAUGURAL ADDRESS patriotism—these things are old. These things are true. They have been the quiet force of progress throughout our history. What is dema nded, then, is a return to these truths. What is required of us now is a new era of responsibility—a recognition on the part of every American that we have duties to ourselves, our nation and the world; duties that we do not grudgingly accept, but rather seize gladly, firm in the knowledge that there is nothing so satisfying to the spirit, so defining of our character than giving our all to a difficult task. This is the price and the promise of citizen- ship. This is the source of our confidence—the knowledge that God calls on us to shape an uncertain destiny. This is the meaning of our liberty and our creed, why men and women and children of every race and every faith can join in celebration across this magnificent mall; and why a man whose father less than 60 years ago might not have been served in a local restaurant can now stand before you to take a most sacred oath. So let us mark this day with remembrance of who we are and how far we have traveled. In the year of America’s birth, in the coldest of months, a small band of patriots huddled by dying campfires on the shores of an icy river. The capital was abandoned. The enemy was advancing. The snow was stained with blood. At the moment when the outcome of our revolu- tion was most in doubt, the father of our nation ordered these words to be read to the people: “Let it be told to the future world that in the depth of winter, when nothing but hope and virtue could survive that the city and the country, alarmed at one common danger, came forth to meet [it].” America: In the face of our common dangers, in this winter of our hardship, let us remember these timeless words. With hope and virtue, let us brave once more the icy currents, and endure what storms may come. Let it be said by our children’s children that when we were tested we refused to let this journey end, that we did not turn back nor did we falter; and with eyes fixed on the horizon and God’s grace upon us, we carried forth that great gift of freedom and delivered it safely to future generations. Thank you. God bless you. And God bless the United States of America. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 524 REFLECTIONS ON LAW AND SOCIETY PRIMARY DOCUMENTS PRESIDENTIAL SPEECHES BARACK H. OBAMA: INAUGURAL ADDRESS Legal Scholarship LAWYERS AND JUDGES WHAT SHALL BE DONE WITH THE PRACTICE OF THE COURTS? CONTRACTS THE PATH OF THE LAW BRIEF FOR THE DEFENDANT IN ERROR, MULLER V . OREGON MECHANICAL JURISPRUDENCE THE CAUSES OF POPULAR DISSATISFACTION WITH THE ADMINISTRATION OF JUSTICE SOME REFLECTIONS ON THE READING OF STATUTES S ince the nineteenth century, the role of lawyers and the natur e of law in U.S. society have been the subject of ongoing debate and scrutiny. Legal scholars and practitioners have discussed whether the law is a self-contained body of rules, displaying logic and reason. Some have embraced this view and have aspired to make law a science. Since the early twentieth century, however, other important legal figures have expressed skepticism about the inner logic of the law, preferring to see legal rulings as responses to immediate social, political, and economic pressures. These skeptics eventually became known as legal realists, a school of thought that can be traced to the scholar and jurist OLIVER WENDELL HOLMES, JR. The French writer Alexis de Tocqueville visited the United States in the 1830s and wrote about his travels in Democracy in America (1835), one of the classic works of social analysis. Tocqueville, a nobleman, was struck by the democratic character of U.S. society and devoted a section of his work to the role of lawyers and judges. He concluded that lawyers were vital to the preservation of civil order and democracy. Lawyers have also been the target of popular criticism. In the late eighteenth and early nineteenth century, U.S. critics contended that lawyers and judges conspired to make the law a mysterious body of arcane language and proce- dures that needlessly complicated problems. Robert Rantoul, Jr., a Massachusetts attorney and member of Congress, was a prominent spokesman for the codification movement, which attacked the common law as unsuitable for a democratic republic. In a famous 1836 oration, Rantoul charged that “judge-made law is ex post facto law, and therefore unjust.” People could not know the law because “no one knows what the law is before [the judge] lays it down.” Moreover, a judge was able to rule differently from case to case. For Rantoul and others, the only solution was to abandon the common-law system and codify all laws into one book that everyone could read and understand. The codification movement had limited success during the nineteenth century. Rantoul advocated a code but never tried to write one. David Dudley Field, a New York attorney, wrote what became known as the Field Code of civil procedure. His code was enacted in twenty- four states, most of them in the West. The education and training of lawyers began to change in the nineteenth century. Tradition- ally, the most popular method of becoming a lawyer had been “reading the law” in a law office, learning legal rules and procedures under the tutelage of a practicing attorney. As the century progressed, however, more law schools were opened. The law school curriculum con- sisted of attending lectures, reading legal treatises, and memorizing legal rules and concepts. CHRISTOPHER COLUMBUS LANGDELL changed the course of U.S. legal education when he published his contracts casebook in 1871. Langdell, a professor and dean of Harvard Law School, introduced the case method, which required students to read judicial opinions and analyze the key points of each case. The Socratic method of logical inquiry was an integral part of the 525 REFLECTIONS ON LAW AND SOCIETY . the people of Afghanistan—afterall,wearecurrentlyitslargest source of humanitarian aid—but we condemn GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS REFLECTIONS ON LAW AND SOCIETY. give law enforce- ment the additional tools it needs to track down terror here at home. We will come together to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PRIMARY DOCUMENTS REFLECTIONS ON LAW. of our prosperity, on the ability to extend opportunity to every willing heart—not out of charity, but because it is the sure st route to our common good. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD